What was Tenancy Tribunal case 5373507 about?

The tribunal order states: Paul McCarthy must pay CBL Holdings Limited $708.00 immediately, calculated

How much money was awarded in case 5373507?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $680.00 awarded to landlord

What type of tenancy dispute was case 5373507?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5373507?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12998905-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5373507 about?

The tribunal order states: Paul McCarthy must pay CBL Holdings Limited $708.00 immediately, calculated

How much money was awarded in case 5373507?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $680.00 awarded to landlord

What type of tenancy dispute was case 5373507?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5373507?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12998905-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 5, 266 Island Road, Kaiapoi, Kaiapoi 7630 Tenancy Tribunal Case 5373507 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5373507 — net $708.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1.9.2025	$680.00	Rent arrears to 1.9.2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$708.00
Total payable by Tenant to Landlord	$708.00

Mrs and Mr Pyott, representing the landlord, attended the teleconference hearing. The phone number for the tenant, Mr McCarthy, the last three digits being 340, was called twice without any response. As the tenant was served, the hearing proceeded in his absence.

The landlord has applied for rent arrears and compensation following the end of the tenancy.

The landlord said the tenancy ended on 1 September 2025. Burden of proof and evidence

The party making a claim must prove their claim on a balance of probabilities, that is that it is more likely than not that something occurred.

The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated: “...[the applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties and it is certainly not up to the Tribunal to extract evidence.”

How much is owed for rent?

The tenancy ended on 1 September 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy, which was $2,520.00. The landlord said they then received the bond of $1,840.00 to apply towards rent arrears, which reduced the amount of rent arrears owing to $680.00.

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 landlord said the tenant did not leave the premises reasonably clean and tidy. They provided an invoice in the amount of $170.20 for cleaning at the end of the tenancy. Though the invoice contained a different address than the tenancy address, the landlord said they also owned the other address named in the invoice, and that property was also tenanted but nobody had moved out and so this was just an administrative error on the part of the cleaner.

The landlord did not, however, provide any Inspection Reports or photographs of the condition of the property at the end of the tenancy, that might have showed the requirement for the landlord to incur cleaning costs.

As the landlord has not provided any photographs or Inspection Reports showing the condition of the property at the end of the tenancy, I find the landlord has provided insufficient additional supporting evidence of their claim for cleaning and so dismiss this claim. Filing fee

Because CBL Holdings Limited has been mostly successful with the claim, I reimburse the filing fee. Replacement of mediator’s order

This order replaces the mediator’s order dated 23 June 2025, sealed on 24 June 2025 in application 5205691.

Claims and awards in Tenancy Tribunal application 5373507 — net $708.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1.9.2025	$680.00	Rent arrears to 1.9.2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$708.00
Total payable by Tenant to Landlord	$708.00

Order

Paul McCarthy must pay CBL Holdings Limited $708.00 immediately, calculated as shown in table below.

This order replaces the mediator’s order dated 23 June 2025, sealed on 24 June 2025 in application 5205691.
All other claims are dismissed.

Reasons

Mrs and Mr Pyott, representing the landlord, attended the teleconference hearing. The phone number for the tenant, Mr McCarthy, the last three digits being 340, was called twice without any response. As the tenant was served, the hearing proceeded in his absence.
The landlord has applied for rent arrears and compensation following the end of the tenancy.
The landlord said the tenancy ended on 1 September 2025. Burden of proof and evidence
The party making a claim must prove their claim on a balance of probabilities, that is that it is more likely than not that something occurred.
The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated: “...[the applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties and it is certainly not up to the Tribunal to extract evidence.”

How much is owed for rent?

The tenancy ended on 1 September 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy, which was $2,520.00. The landlord said they then received the bond of $1,840.00 to apply towards rent arrears, which reduced the amount of rent arrears owing to $680.00.

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 landlord said the tenant did not leave the premises reasonably clean and tidy. They provided an invoice in the amount of $170.20 for cleaning at the end of the tenancy. Though the invoice contained a different address than the tenancy address, the landlord said they also owned the other address named in the invoice, and that property was also tenanted but nobody had moved out and so this was just an administrative error on the part of the cleaner.
The landlord did not, however, provide any Inspection Reports or photographs of the condition of the property at the end of the tenancy, that might have showed the requirement for the landlord to incur cleaning costs.
As the landlord has not provided any photographs or Inspection Reports showing the condition of the property at the end of the tenancy, I find the landlord has provided insufficient additional supporting evidence of their claim for cleaning and so dismiss this claim. Filing fee
Because CBL Holdings Limited has been mostly successful with the claim, I reimburse the filing fee. Replacement of mediator’s order
This order replaces the mediator’s order dated 23 June 2025, sealed on 24 June 2025 in application 5205691.

Tenancy Tribunal case 5373507 — Rent arrears at Unit/Flat Flat 5, 266 Island Road, Kaiapoi, Kaiapoi 7630

At a glance

Tenancy Tribunal case 5373507 — Rent arrears at Unit/Flat Flat 5, 266 Island Road, Kaiapoi, Kaiapoi 7630

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions