Tenantcheck Insights · Case study
Tenancy Tribunal case 5415001 — Rent arrears at 21 Marybank Mews, Highbury, Palmerston North 4412
Published 16 April 2026 · Application 5415001
Landlord favoured
- Rent arrears
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Palmerston North
Tribunal region
Adjudicator
V Pasupati
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $2,585.68
- Total balance for Tenant to pay Landlord
- $2,585.68
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 10.11.2025 | $2,144.42 | Rent arrears to 10.11.2025 | |
| Cleaning | $50.50 | Cleaning | |
| Removal of curtain track | $10.02 | Removal of curtain track | |
| Door replacement | $244.39 | Door replacement | |
| Repairs to walls | $136.35 | Repairs to walls | |
| Net award | $2,585.68 | ||
| Total payable by Tenant to Landlord | $2,585.68 |
Claims and awards for application 5415001 — net $2,585.68 NZD. Verify on MoJ.
Rent arrears to 10.11.2025
- Amount
- $2,144.42
- Awarded to
- Landlord
- Reason
- Rent arrears to 10.11.2025
Cleaning
- Amount
- $50.50
- Awarded to
- Landlord
- Reason
- Cleaning
Removal of curtain track
- Amount
- $10.02
- Awarded to
- Landlord
- Reason
- Removal of curtain track
Door replacement
- Amount
- $244.39
- Awarded to
- Landlord
- Reason
- Door replacement
Repairs to walls
- Amount
- $136.35
- Awarded to
- Landlord
- Reason
- Repairs to walls
Net award
Landlord $2,585.68
Total payable by Tenant to Landlord
Landlord $2,585.68
Claim types — money lines allowed on this order
Order
- Glenys Te Moananui must pay Kāinga Ora–Homes and Communities $2,585.68 immediately, calculated as shown in the table below.
Reasons
- Only the landlord, represented by Mr Temu, attended the hearing, which was conducted by videoconference. The tenant did not join the video meeting at the scheduled time, either by video or telephone. As the tenant has been notified, the hearing proceeded.
- This tenancy began on 23 October 2024 and ended on 10 November 2025. There is an earlier conditional termination order issued by the Tribunal on 19 September 2025. The landlord states the tenant advised that she had vacated the premises and would return the keys by 3 November 2025. She returned to remove the remainder of her belongings. The landlord was satisfied that the tenant had vacated on 10 November 2025.
- The landlord has applied for rent arrears and compensation following the end of the tenancy. There is no bond.
How much is owed for rent?
- As noted above, the tenancy ended on 10 November 2025. The landlord provided updated rent records which prove the amount owing at the end of the tenancy. No further payments were received since the application was filed. The amount sought for rent arrears is awarded above.
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) of the Residential Tenancies Act 1986 (the RTA).
- The landlord seeks the cost of cleaning the rangehood. The landlord has produced inspection reports with photographic evidence showing the condition of the premises at the start and end of the tenancy. This evidence establishes that, for the most part, the tenant did leave the premises reasonably clean and tidy at the end of the tenancy, with the exception of the rangehood, which required further cleaning.
- The landlord also had to remove a curtain track installed by the tenant in the kitchen.
- The amounts claimed for cleaning the rangehood, and removing the curtain track, having been established, are ordered above. Compensation for tenant damage General principles regarding responsibility for damage
- The landlord seeks compensation for tenant damage. To be successful in such claims, 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 of the 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) of the 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) of the 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) of the 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) of the 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.
- When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, the landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered. The landlord’s claim for tenant damage
- On the basis of the landlord’s evidence, I am satisfied that the following damage was caused during the tenancy: • Door: the entry/hallway door was extensively damaged and had to be replaced. • Walls: there were significant holes and other damage to two walls in the dining room, and one wall in the entry/hallway.
- The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.
- In determining the quantum of compensation, betterment and depreciation has been taken into account. . Filing fee and name suppression
- While successful, the landlord does not seek the filing fee or name suppression.
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(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: rent arrears
- Dispute theme: cleaning
- Dispute theme: property damage
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5415001?
The tribunal order states: Glenys Te Moananui must pay Kāinga Ora–Homes and Communities $2,585.68
How much money was awarded in case 5415001?
Cleaning: $50.50 awarded to landlord; Property Damage: $244.39 awarded to landlord; Property Damage: $136.35 awarded to landlord; Removal Of Curtain Track: $10.02 awarded to landlord; Rent Arrears: $2,144.42 awarded to landlord
What type of tenancy dispute was case 5415001?
The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.
Where can I read the official tribunal order for case 5415001?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13454251-Tenancy_Tribunal_Order.pdf.