What was Tenancy Tribunal case 5420752 about?

The tribunal order states: This order replaces the mediated order sealed on 7 October 2025.

How much money was awarded in case 5420752?

Rubbish Removal: $2,760.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $8,965.00 awarded to landlord; Replace furnishings: carpet insuranc…: $500.00 awarded to landlord

What type of tenancy dispute was case 5420752?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5420752?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13866407-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5420752 about?

The tribunal order states: This order replaces the mediated order sealed on 7 October 2025.

How much money was awarded in case 5420752?

Rubbish Removal: $2,760.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $8,965.00 awarded to landlord; Replace furnishings: carpet insuranc…: $500.00 awarded to landlord

What type of tenancy dispute was case 5420752?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5420752?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13866407-Tenancy_Tribunal_Order.pdf.

3 Truman Road, Bryndwr, Christchurch 8053 Tenancy Tribunal Case 5420752 — Rent arrears

Claims and awards in Tenancy Tribunal application 5420752 — net $10,361.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 October 2026	$8,965.00	Rent arrears to 26 October 2026
Cleaning: and rubbish removal	$2,760.00	Cleaning: and rubbish removal
Replace furnishings: carpet insurance	$500.00	Replace furnishings: carpet insurance
Filing fee reimbursement mediated order	$28.00	Filing fee reimbursement mediated order
Filing fee reimbursement present application	$28.00	Filing fee reimbursement present application
Net award	$10,361.00
Total payable by Tenant to Landlord	$10,361.00

Order

This order replaces the mediated order sealed on 7 October 2025.
[The tenant/s] must pay Wongeoon Vast Limited $10,361.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,920.00 (BN-16716915) to Wongeoon Vast Limited immediately.

Reasons

Mr Wongeoon, director of the landlord company, attended the hearing. There was no appearance for the tenant.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 26 October 2025. The landlord provided rent records and which prove the amount owing at the end of the tenancy was $8965.00. This incorporates the amount ordered in a mediated order sealed on 7 October 2025 and any payments between the mediation and 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 and remove all rubbish.
The end of tenancy photos show that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The damage and rubbish is extensive.
The landlord provided a quote for cleaning for $1794 including GST. In fact, the owners moved into the property and renovated. They also asked for $1460 for rubbish removal and skip hire. They did not provide a breakdown of the time spent or the cost of the skip bin hire. However, based on the photographs provided, the cost of $1,460 is reasonable.
The cleaning quote did not appear to relate to the property as presented in the photographs. It included window cleaning and carpet cleaning and rubbish clearing. The photos show broken windows. The carpet was replaced.
The landlord suggested that $400 plus GST was removed for the carpet and rubbish removal. I consider $1,300 is reasonable compensation for the extensive cleaning that would have been required.
The tenant did not return the keys.

Is the tenant responsible for the damage to the premises?

The photos provided by the landlord show extensive damage. There are no entry inspection photographs.
The landlord said he wanted to withdraw the carpet claim, and seeks $500 excess for repairs to the bathroom.
The landlord submitted a quote for some bathroom repairs and internal doors. There are no invoices for the repairs
The landlord also submitted a letter from the insurers saying: Given the extent of gradual deterioration and the difficulty in identifying any single sudden event, most of the claimed damage falls outside the scope of cover. However, in recognition of your long tenure with us and your claims history, we are willing to offer cover for the carpet damage only, up to the policy limit of $6,679.20.
Therefore, based on the evidence submitted, the insurers accepted a claim for the carpet, but not the other damage.
It is also notable that the insurers describe the damage as wear and tear, whereas the photos submitted to the Tribunal show some broken items.
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 following damage was caused during the tenancy: [list items]. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. 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, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
I have ordered $500 for the carpet replacement.
I have allowed the claim for repairs to be withdrawn. The landlord may reapply, but will need to provide evidence of: • Inspection reports and photographs at the start and during the tenancy • Photos taken on 26 October 2026 • Any photos that were submitted to the insurers. • Invoices for any expenditure. • An itemised statement of what damage the tenant is responsible for. • The age of any items/furnishings at the end of the tenancy • A signed statement from the owners regarding the damage and repairs.
The landlord is also reminded of section 49 of the Residential Tenancies Act 1986 which says: Where any party to a tenancy agreement breaches any of the provisions of the agreement or of this Act, the other party shall take all reasonable steps to limit the damage or loss arising from that breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract.
Because Wongeoon Vast Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5420752 — net $10,361.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 October 2026	$8,965.00	Rent arrears to 26 October 2026
Cleaning: and rubbish removal	$2,760.00	Cleaning: and rubbish removal
Replace furnishings: carpet insurance	$500.00	Replace furnishings: carpet insurance
Filing fee reimbursement mediated order	$28.00	Filing fee reimbursement mediated order
Filing fee reimbursement present application	$28.00	Filing fee reimbursement present application
Net award	$10,361.00
Total payable by Tenant to Landlord	$10,361.00

Order

This order replaces the mediated order sealed on 7 October 2025.
[The tenant/s] must pay Wongeoon Vast Limited $10,361.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,920.00 (BN-16716915) to Wongeoon Vast Limited immediately.

Reasons

Mr Wongeoon, director of the landlord company, attended the hearing. There was no appearance for the tenant.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 26 October 2025. The landlord provided rent records and which prove the amount owing at the end of the tenancy was $8965.00. This incorporates the amount ordered in a mediated order sealed on 7 October 2025 and any payments between the mediation and 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 and remove all rubbish.
The end of tenancy photos show that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The damage and rubbish is extensive.
The landlord provided a quote for cleaning for $1794 including GST. In fact, the owners moved into the property and renovated. They also asked for $1460 for rubbish removal and skip hire. They did not provide a breakdown of the time spent or the cost of the skip bin hire. However, based on the photographs provided, the cost of $1,460 is reasonable.
The cleaning quote did not appear to relate to the property as presented in the photographs. It included window cleaning and carpet cleaning and rubbish clearing. The photos show broken windows. The carpet was replaced.
The landlord suggested that $400 plus GST was removed for the carpet and rubbish removal. I consider $1,300 is reasonable compensation for the extensive cleaning that would have been required.
The tenant did not return the keys.

Is the tenant responsible for the damage to the premises?

The photos provided by the landlord show extensive damage. There are no entry inspection photographs.
The landlord said he wanted to withdraw the carpet claim, and seeks $500 excess for repairs to the bathroom.
The landlord submitted a quote for some bathroom repairs and internal doors. There are no invoices for the repairs
The landlord also submitted a letter from the insurers saying: Given the extent of gradual deterioration and the difficulty in identifying any single sudden event, most of the claimed damage falls outside the scope of cover. However, in recognition of your long tenure with us and your claims history, we are willing to offer cover for the carpet damage only, up to the policy limit of $6,679.20.
Therefore, based on the evidence submitted, the insurers accepted a claim for the carpet, but not the other damage.
It is also notable that the insurers describe the damage as wear and tear, whereas the photos submitted to the Tribunal show some broken items.
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 following damage was caused during the tenancy: [list items]. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. 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, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
I have ordered $500 for the carpet replacement.
I have allowed the claim for repairs to be withdrawn. The landlord may reapply, but will need to provide evidence of: • Inspection reports and photographs at the start and during the tenancy • Photos taken on 26 October 2026 • Any photos that were submitted to the insurers. • Invoices for any expenditure. • An itemised statement of what damage the tenant is responsible for. • The age of any items/furnishings at the end of the tenancy • A signed statement from the owners regarding the damage and repairs.
The landlord is also reminded of section 49 of the Residential Tenancies Act 1986 which says: Where any party to a tenancy agreement breaches any of the provisions of the agreement or of this Act, the other party shall take all reasonable steps to limit the damage or loss arising from that breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract.
Because Wongeoon Vast Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5420752 — Rent arrears at 3 Truman Road, Bryndwr, Christchurch 8053

At a glance

Tenancy Tribunal case 5420752 — Rent arrears at 3 Truman Road, Bryndwr, Christchurch 8053

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