Tenantcheck Insights · Case study
Tenancy Tribunal case 5401435 — Property damage at Unit/Flat Flat 7, 83 Bordesley Street, Phillipstown,
Published 20 March 2026 · Application 5401435
Landlord favoured
- 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 Harvey-Lane
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $2,201.16
- Bond payment as ordered
- −$2,160.00
- Total balance for Tenant to pay Landlord
- $41.16
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Replace furnishings: Carpet (insurance excess | $714.91 | Replace furnishings: Carpet (insurance excess | |
| Wall repairs | $350.00 | Wall repairs | |
| Lock/key replacement | $216.00 | Lock/key replacement | |
| Cleaning | $207.00 | Cleaning | |
| Carpet cleaning | $185.00 | Carpet cleaning | |
| Rubbish removal, lawn works and carport cleaning | $500.25 | Rubbish removal, lawn works and carport cleaning | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $41.16 | ||
| Total payable by Tenant to Landlord | $41.16 |
Claims and awards for application 5401435 — net $41.16 NZD. Verify on MoJ.
Replace furnishings: Carpet (insurance excess
- Amount
- $714.91
- Awarded to
- Landlord
- Reason
- Replace furnishings: Carpet (insurance excess
Wall repairs
- Amount
- $350.00
- Awarded to
- Landlord
- Reason
- Wall repairs
Lock/key replacement
- Amount
- $216.00
- Awarded to
- Landlord
- Reason
- Lock/key replacement
Cleaning
- Amount
- $207.00
- Awarded to
- Landlord
- Reason
- Cleaning
Carpet cleaning
- Amount
- $185.00
- Awarded to
- Landlord
- Reason
- Carpet cleaning
Rubbish removal, lawn works and carport cleaning
- Amount
- $500.25
- Awarded to
- Landlord
- Reason
- Rubbish removal, lawn works and carport cleaning
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $41.16
Total payable by Tenant to Landlord
Landlord $41.16
Claim types — money lines allowed on this order
Order
- Hannah Tevan Pomare, Carlos Pomare and Judah Pomare must pay Whalan and Partners Ltd T/A Bayleys Property Management Canterbury as agent for Paul Hassall $41.16 immediately, as calculated in the below table:
- The Bond Centre is to pay the bond of $2,160.00 (BN-17491260) to Whalan and Partners Ltd T/A Bayleys Property Management Canterbury as agent for Paul Hassall immediately.
Reasons
- The landlord attended the hearing. The tenants did not attend, and the hearing proceeded in their absence.
- The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
- The tenancy commenced on 22 June 2024 and ended on 9 September 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 (RTA).
- The landlord says that at the end of the tenancy the property required further cleaning, carpet cleaning including for stain removal, carport concrete cleaning, lawn works and rubbish removal. The landlord claims $207.00 for general cleaning, $185.00 for carpet stain removal works, and $500.25 for lawns works, carport concrete cleaning (oil staining) and rubbish removal. Inspection reports, photographs and evidence of costings have been provided in support of the claims.
- On review of the evidence, I am satisfied that the tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.
- The tenants also did not return all the keys, and the landlord was required to change two of the door locks at the invoiced cost of $216.00.
- 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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
- 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 landlord says that during the tenancy, the tenants caused burn marks to the carpet. The carpet was new at the commencement of the tenancy. These were unable to be repaired and the carpet in the relevant rooms required replacement. Although the total cost for this was almost $5,000.00 the landlord was able to obtain insurance and only seeks the two excesses they were charged of $800.00. The tenants have made a payment towards this amount, and the final outstanding amount owing and sought is $714.91.
- In addition, the landlord says that there were holes to the walls and they seek paint repair costs for this of $350.00.
- On review of the evidence, I consider that the following damage was caused during the tenancy: Carpet and wall damage. 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 Whalan and Partners Ltd T/A Bayleys Property Management Canterbury as agent for Paul Hassall has wholly succeeded with the claim I must also reimburse the filing fee. R Harvey-Lane 20 March 2026
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s40(2), s49B, s49B(1), s49B(3), s49B(3A)
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 5401435?
The tribunal order states: Hannah Tevan Pomare, Carlos Pomare and Judah Pomare must pay Whalan
How much money was awarded in case 5401435?
Cleaning: $185.00 awarded to landlord; Cleaning: $207.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $350.00 awarded to landlord; Property Damage: $216.00 awarded to landlord; Property Damage: $714.91 awarded to landlord; Rubbish Removal: $500.25 awarded to landlord
What type of tenancy dispute was case 5401435?
The primary dispute was Property damage. Related themes: Cleanliness.
Where can I read the official tribunal order for case 5401435?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13320603-Tenancy_Tribunal_Order.pdf.