What was the outcome of Tenancy Tribunal case 5392372?

The tribunal order states: Sean O'Donnell must pay Results Realty Limited/ Ray White New Brighton As

How much money was awarded in case 5392372?

Cleaning: $90.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $186.49 awarded to landlord; Rent Arrears: $2,000.00 awarded to landlord; Front Door Glass: $177.10 awarded to landlord

What type of tenancy dispute was case 5392372?

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

Where can I read the official tribunal order for case 5392372?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13161446-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5392372?

The tribunal order states: Sean O'Donnell must pay Results Realty Limited/ Ray White New Brighton As

How much money was awarded in case 5392372?

Cleaning: $90.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $186.49 awarded to landlord; Rent Arrears: $2,000.00 awarded to landlord; Front Door Glass: $177.10 awarded to landlord

What type of tenancy dispute was case 5392372?

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

Where can I read the official tribunal order for case 5392372?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13161446-Tenancy_Tribunal_Order.pdf.

11A Cygnet Street, North New Brighton, Christchurch 8083 Tenancy Tribunal Case 5392372 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5392372 — net $241.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,000.00	Rent arrears
Cleaning	$90.00	Cleaning
Lawns and Garden work: and hole repairs	$186.49	Lawns and Garden work: and hole repairs
Repairs: front door glass	$177.10	Repairs: front door glass
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$241.59
Total payable by Tenant to Landlord	$241.59

Sean O'Donnell must pay Results Realty Limited/ Ray White New Brighton As Agents For Lachlan Hamilton $241.59 immediately, calculated as shown the in table below. DescriptionLandlord Rent arrears$2,000.00 Cleaning$90.00 Lawns and Garden work: and hole repairs$186.49 Repairs: front door glass$177.10 Filing fee reimbursement$28.00 Total award$2,481.59 Bond$2,240.00 Total payable by Tenant to Landlord$241.59

Reasons

The landlord attended the hearing by video.

The tenant did not join the hearing by following the instructions in the Notice of Hearing. The tenant was telephoned but did not answer.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The tenant and landlord had agreed through a Mediation Order that the bond could be refunded to the landlord.

How much is owed for rent?

The tenancy ended on 21 November 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The landlord provided photographic evidence that the lawns and gardens required work to make them reasonably tidy and that there was a small amount of further cleaning of the stove, the laundry tub, the bathroom and the floors need to be mopped.

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.

Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.

Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.

Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.

The following damage was caused during the tenancy: a. Glass in the front door was broken during the tenancy. The tenant arranged for a glazier to repair the glass but did not pay the invoice. b. The landlord provided photographic evidence of holes in a sliding wardrobe door and in the lounge wall.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Because Results Realty Limited/ Ray White New Brighton As Agents For Lachlan Hamilton has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5392372 — net $241.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,000.00	Rent arrears
Cleaning	$90.00	Cleaning
Lawns and Garden work: and hole repairs	$186.49	Lawns and Garden work: and hole repairs
Repairs: front door glass	$177.10	Repairs: front door glass
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$241.59
Total payable by Tenant to Landlord	$241.59

Order

Sean O'Donnell must pay Results Realty Limited/ Ray White New Brighton As Agents For Lachlan Hamilton $241.59 immediately, calculated as shown the in table below. DescriptionLandlord Rent arrears$2,000.00 Cleaning$90.00 Lawns and Garden work: and hole repairs$186.49 Repairs: front door glass$177.10 Filing fee reimbursement$28.00 Total award$2,481.59 Bond$2,240.00 Total payable by Tenant to Landlord$241.59

Reasons

The landlord attended the hearing by video.
The tenant did not join the hearing by following the instructions in the Notice of Hearing. The tenant was telephoned but did not answer.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant and landlord had agreed through a Mediation Order that the bond could be refunded to the landlord.

How much is owed for rent?

The tenancy ended on 21 November 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the lawns and gardens required work to make them reasonably tidy and that there was a small amount of further cleaning of the stove, the laundry tub, the bathroom and the floors need to be mopped.
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.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: a. Glass in the front door was broken during the tenancy. The tenant arranged for a glazier to repair the glass but did not pay the invoice. b. The landlord provided photographic evidence of holes in a sliding wardrobe door and in the lounge wall.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Results Realty Limited/ Ray White New Brighton As Agents For Lachlan Hamilton has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5392372 — Rent arrears at 11A Cygnet Street, North New Brighton, Christchurch 8083

At a glance

Tenancy Tribunal case 5392372 — Rent arrears at 11A Cygnet Street, North New Brighton, Christchurch 8083

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