Tenantcheck Insights · Case study
Tenancy Tribunal case 5378763 — Property damage at Flat 3, 1 Hewitts Road, Merivale, Christchurch 8014
Published 12 March 2026 · Application 5378763
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Christchurch
Tribunal region
Adjudicator
R Kee
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $1,594.45
- Total balance for Tenant to pay Landlord
- $1,594.45
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Repairs: sanding and re-oiling deck | $552.00 | Repairs: sanding and re-oiling deck | |
| Carpet Cleaning | $160.00 | Carpet Cleaning | |
| Carpet patch repair | $287.50 | Carpet patch repair | |
| Removing television cabling | $566.95 | Removing television cabling | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $1,594.45 | ||
| Bond | $1,980.00 | ||
| Total payable by Tenant to Landlord | $1,594.45 |
Claims and awards for application 5378763 — net $1,594.45 NZD. Verify on MoJ.
Repairs: sanding and re-oiling deck
- Amount
- $552.00
- Awarded to
- Landlord
- Reason
- Repairs: sanding and re-oiling deck
Carpet Cleaning
- Amount
- $160.00
- Awarded to
- Landlord
- Reason
- Carpet Cleaning
Carpet patch repair
- Amount
- $287.50
- Awarded to
- Landlord
- Reason
- Carpet patch repair
Removing television cabling
- Amount
- $566.95
- Awarded to
- Landlord
- Reason
- Removing television cabling
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $1,594.45
Bond
Landlord $1,980.00
Total payable by Tenant to Landlord
Landlord $1,594.45
Claim types — money lines allowed on this order
Order
- Terry Welch must pay Holmwood Real Estate Limited as agent for Kirstyn Margaret Mclellan $1,594.45 from the bond, calculated as shown in table below.
- The Bond Centre is to pay the bond of $1,980.00 (BN-17267331) immediately apportioned as follows: Holmwood Real Estate Limited as agent for Kirstyn Margaret Mclellan $1,594.45 Terry Welch: $385.55
Reasons
- The hearing was conducted remotely on Microsoft Teams.
- Courtney Brown and Diane Colgan attended the hearing for the landlord.
- The tenant did not attend the hearing proceeded in the tenant’s absence.
- The landlord has applied for compensation for cleaning and returning the premises to its original condition following the end of the tenancy.
- The tenancy began on 28 April 2023 and ended on 30 July 2025. The parties have been unable to settle these minor matters. Deck discolouration
- During the tenancy, the landlord gave the tenant permission to have a spa pool on the Kwila east-facing deck. When the tenant removed the spa pool at the end of the tenancy, the deck was left with spatters of white discolouration. The cause of the discolouring is not clear - possibly, a chemical beneath the spa interacted with the deck’s stain was involved – but that is speculative. What is clear, is that the spa pool caused the issue because the damage was not there before the spa pool was installed.
- The deck required sanding and re-oiling to remove the unsightly specks and restore the deck to a relatively consistent hue.
- I am satisfied that the discolouring was damage that occurred during the tenancy and was more than fair wear and tear. The tenant has not proven they were not careless in ensuring the deck was not damaged. 1
- The landlord paid a contractor $920.00 to restore the deck. I order the tenant to pay three-fifths of that amount to account for betterment. Only a portion of the deck was damaged, but the entire deck has been re-oiled. If the deck had not been re-oiled the deck would have had a degree of colour difference because the spa protected the deck stain from sun bleaching. Carpet stain 1 See Residential Tenancies Act 1986 (RTA) ss 40(2)(a), 41, and 49B.
- The landlord claims for the cost of carpet cleaning and replacing a section of carpet.
- The living room carpet had a coffee stain (or similar) at the end of the tenancy. The landlord’s carpet cleaner could not remove the stain. The landlord had a carpet contractor patch the affected area by scavenging a section of carpet from another part of the house.
- The damage was more than fair wear and tear and occurred during the tenancy. The tenant has not disproved their liability.
- The Tribunal awards the landlord the amounts sought, which are merely what it cost the landlord to return the carpet to an unstained condition. Television fittings
- The landlord gave the tenant permission to install a television on the wall, but not to run cables into the wall cavity as the tenant did. The tenant removed the television brackets and remediated the wall but did not remove the cables.
- The installation of the cabling was an unconsented alteration to the premises. The tenant is liable for returning the premises to its original condition.
- The landlord submitted its invoices for reinstating the premises of $164.45 for removing the cabling, and $402.50 for paintwork.
- The Tribunal orders the tenant to reimburse the landlord $566.95. Bond
- The Bond Centre is directed to pay the amount ordered out of the bond.
- The remainder is to be returned to the tenant.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s14, s40(2)
Key findings
- Dispute theme: property damage
- Dispute theme: cleaning
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5378763?
The tribunal order states: Terry Welch must pay Holmwood Real Estate Limited as agent for Kirstyn Margaret
How much money was awarded in case 5378763?
Cleaning: $160.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $287.50 awarded to landlord; Removing Television Cabling: $566.95 awarded to landlord; Sanding And Re-Oiling Deck: $552.00 awarded to landlord
What type of tenancy dispute was case 5378763?
The primary dispute was Property damage. Related themes: Cleanliness.
Where can I read the official tribunal order for case 5378763?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13273660-Tenancy_Tribunal_Order.pdf.