What was the outcome of Tenancy Tribunal case 5366326?

The tribunal order states: Jessica Rose Mullins must pay Bespoke Property Management Limited As

How much money was awarded in case 5366326?

Cleaning: $550.00 awarded to landlord; Cleaning: $482.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $172.00 awarded to landlord; Property Damage: $296.70 awarded to landlord; Property Damage: $288.65 awarded to landlord; Rent Arrears: $3,994.00 awarded to landlord; Painting: $1,540.42 awarded to landlord; Power Connection & Certification: $811.35 awarded to landlord; Rubbish Removal: $990.00 awarded to landlord

What type of tenancy dispute was case 5366326?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness, Exemplary damages.

Where can I read the official tribunal order for case 5366326?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13072004-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5366326?

The tribunal order states: Jessica Rose Mullins must pay Bespoke Property Management Limited As

How much money was awarded in case 5366326?

Cleaning: $550.00 awarded to landlord; Cleaning: $482.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $172.00 awarded to landlord; Property Damage: $296.70 awarded to landlord; Property Damage: $288.65 awarded to landlord; Rent Arrears: $3,994.00 awarded to landlord; Painting: $1,540.42 awarded to landlord; Power Connection & Certification: $811.35 awarded to landlord; Rubbish Removal: $990.00 awarded to landlord

What type of tenancy dispute was case 5366326?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness, Exemplary damages.

Where can I read the official tribunal order for case 5366326?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13072004-Tenancy_Tribunal_Order.pdf.

560 Main North Road, Belfast, Christchurch 8051 Tenancy Tribunal Case 5366326 — Rent arrears

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560 Main North Road, Belfast, Christchurch 8051 Tenancy Tribunal Case 5366326 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5366326 — net $7,273.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 26 November 2025	$3,994.00	Rent arrears (to 26 November 2025
Cleaning	$482.00	Cleaning
Carpet Cleaning	$550.00	Carpet Cleaning
Rubbish removal	$990.00	Rubbish removal
Lawns and Garden work	$172.00	Lawns and Garden work
Lock/key replacement	$296.70	Lock/key replacement
Window repairs	$288.65	Window repairs
Repairs: Power Connection & Certification	$811.35	Repairs: Power Connection & Certification
Repairs: Painting	$1,540.42	Repairs: Painting
Exemplary Damages	$500.00	Exemplary Damages
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$7,273.12
Total payable by Tenant to Landlord	$7,273.12

Claims and awards for application 5366326 — net $7,273.12 NZD. Verify on MoJ.

Rent arrears (to 26 November 2025

Amount: $3,994.00
Awarded to: Landlord
Reason: Rent arrears (to 26 November 2025

Cleaning

Amount: $482.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $550.00
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $990.00
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $172.00
Awarded to: Landlord
Reason: Lawns and Garden work

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Exemplary damages Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

Jessica Rose Mullins must pay Bespoke Property Management Limited As Agent For Robert Van Nobelen As Trustee For Cone And Nobelen Family Trust $7,273.12 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (to 26 November 2025)$3,994.00 Cleaning$482.00 Carpet Cleaning$550.00 Rubbish removal$990.00 Lawns and Garden work$172.00 Lock/key replacement$296.70 Window repairs$288.65 Repairs: Power Connection & Certification$811.35 Repairs: Painting$1,540.42 Exemplary Damages$500.00 Filing fee reimbursement$28.00 Total award$9,653.12 Bond$2,380.00 Total payable by Tenant to Landlord$7,273.12
The Bond Centre is to pay the bond of $2,380.00 (6555588-001) to Bespoke Property Management Limited As Agent For Robert Van Nobelen As Trustee For Cone And Nobelen Family Trust immediately.

Reasons

A representative of the landlord attended the hearing. The tenant did not attend.
The landlord has applied for rent arrears, compensation, exemplary damages. refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 23 November 2025, and the tenant provided possession on 26 November 2025. The landlord provided rent records invoices which prove the amount owing to 26 November 2025.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant had not done the lawns and gardens and did not return all keys. The landlord provided photographs and receipts to support its claims. The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The following damage was caused during the tenancy: windows were broken, walls/paintwork was damaged, and the power supply was tampered with to by- pass the meter. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided in-going and out-going photographs, invoices and quotes for repairs and oral evidence of the condition of the property and re-routing of the power supply. I have taken into account depreciation and general wear and tear in relation to the painting claims. I have award 75% of the amount claimed. Exemplary Damages
The landlord claims that the tenant did not vacate the premises on 23 November, the date the tenancy ended.
A tenant must vacate the premises on the termination of the tenancy. See section 40(1)(e)(i) of the Residential Tenancies Act 1986.
Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 40(3A)(a) and Schedule 1A Residential Tenancies Act 1986.
The tenant asked for a couple of extra days to vacate, on the understanding that she would complete the cleaning required and hand the premises over in a reasonable condition. She did not. The landlord took possession 3 days later, with the premises in a poor condition. I find that the tenant has committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
I was not persuaded that it reasonable to award exemplary damages for this breach. The delay of 3 days (including a Sunday) is minor. I do not have evidence of intent. This claim is dismissed.
The landlord also claims that the tenant has used the premises unlawfully, by cultivating, using or possessing illicit substances. A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) Residential Tenancies Act 1986. It is an offence under the Misuse of Drugs Act 1975 to use, possess or cultivate illegal drugs.
The landlord provided photographs and evidence of drug paraphernalia at the premises. Marijuana plants and other implements were collected by Police at the end of the tenancy.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 40(3A)(c) and Schedule 1A Residential Tenancies Act 1986.
The evidence establishes that it is more likely than not that the tenant has committed an unlawful act by using the premises for an unlawful purpose.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
Drug use, possession and cultivation is a deliberate or intentional action. It is apparent (from the photographs of discarded needles and other implements) that this breach has contributed to the condition of the property at the end of the tenancy. However, the evidence did not establish the extent of the breach 1 , so I have awarded modest exemplary damages of $500.
As the landlord was the successful party, I have also awarded reimbursement of the Tribunal application fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5366326 — net $7,273.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 26 November 2025	$3,994.00	Rent arrears (to 26 November 2025
Cleaning	$482.00	Cleaning
Carpet Cleaning	$550.00	Carpet Cleaning
Rubbish removal	$990.00	Rubbish removal
Lawns and Garden work	$172.00	Lawns and Garden work
Lock/key replacement	$296.70	Lock/key replacement
Window repairs	$288.65	Window repairs
Repairs: Power Connection & Certification	$811.35	Repairs: Power Connection & Certification
Repairs: Painting	$1,540.42	Repairs: Painting
Exemplary Damages	$500.00	Exemplary Damages
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$7,273.12
Total payable by Tenant to Landlord	$7,273.12

Claims and awards for application 5366326 — net $7,273.12 NZD. Verify on MoJ.

Rent arrears (to 26 November 2025

Amount: $3,994.00
Awarded to: Landlord
Reason: Rent arrears (to 26 November 2025

Cleaning

Amount: $482.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $550.00
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $990.00
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $172.00
Awarded to: Landlord
Reason: Lawns and Garden work

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Exemplary damages Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

Jessica Rose Mullins must pay Bespoke Property Management Limited As Agent For Robert Van Nobelen As Trustee For Cone And Nobelen Family Trust $7,273.12 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (to 26 November 2025)$3,994.00 Cleaning$482.00 Carpet Cleaning$550.00 Rubbish removal$990.00 Lawns and Garden work$172.00 Lock/key replacement$296.70 Window repairs$288.65 Repairs: Power Connection & Certification$811.35 Repairs: Painting$1,540.42 Exemplary Damages$500.00 Filing fee reimbursement$28.00 Total award$9,653.12 Bond$2,380.00 Total payable by Tenant to Landlord$7,273.12
The Bond Centre is to pay the bond of $2,380.00 (6555588-001) to Bespoke Property Management Limited As Agent For Robert Van Nobelen As Trustee For Cone And Nobelen Family Trust immediately.

Reasons

A representative of the landlord attended the hearing. The tenant did not attend.
The landlord has applied for rent arrears, compensation, exemplary damages. refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 23 November 2025, and the tenant provided possession on 26 November 2025. The landlord provided rent records invoices which prove the amount owing to 26 November 2025.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant had not done the lawns and gardens and did not return all keys. The landlord provided photographs and receipts to support its claims. The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The following damage was caused during the tenancy: windows were broken, walls/paintwork was damaged, and the power supply was tampered with to by- pass the meter. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided in-going and out-going photographs, invoices and quotes for repairs and oral evidence of the condition of the property and re-routing of the power supply. I have taken into account depreciation and general wear and tear in relation to the painting claims. I have award 75% of the amount claimed. Exemplary Damages
The landlord claims that the tenant did not vacate the premises on 23 November, the date the tenancy ended.
A tenant must vacate the premises on the termination of the tenancy. See section 40(1)(e)(i) of the Residential Tenancies Act 1986.
Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 40(3A)(a) and Schedule 1A Residential Tenancies Act 1986.
The tenant asked for a couple of extra days to vacate, on the understanding that she would complete the cleaning required and hand the premises over in a reasonable condition. She did not. The landlord took possession 3 days later, with the premises in a poor condition. I find that the tenant has committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
I was not persuaded that it reasonable to award exemplary damages for this breach. The delay of 3 days (including a Sunday) is minor. I do not have evidence of intent. This claim is dismissed.
The landlord also claims that the tenant has used the premises unlawfully, by cultivating, using or possessing illicit substances. A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) Residential Tenancies Act 1986. It is an offence under the Misuse of Drugs Act 1975 to use, possess or cultivate illegal drugs.
The landlord provided photographs and evidence of drug paraphernalia at the premises. Marijuana plants and other implements were collected by Police at the end of the tenancy.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 40(3A)(c) and Schedule 1A Residential Tenancies Act 1986.
The evidence establishes that it is more likely than not that the tenant has committed an unlawful act by using the premises for an unlawful purpose.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
Drug use, possession and cultivation is a deliberate or intentional action. It is apparent (from the photographs of discarded needles and other implements) that this breach has contributed to the condition of the property at the end of the tenancy. However, the evidence did not establish the extent of the breach 1 , so I have awarded modest exemplary damages of $500.
As the landlord was the successful party, I have also awarded reimbursement of the Tribunal application fee.

Tenancy Tribunal case 5366326 — Rent arrears at 560 Main North Road, Belfast, Christchurch 8051

At a glance

Tenancy Tribunal case 5366326 — Rent arrears at 560 Main North Road, Belfast, Christchurch 8051

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions