Tenantcheck Insights · Case study
Tenancy Tribunal case 5431389 — Tenancy dispute at 93 Fraser Street, Te Awamutu, Te Awamutu 3800
Decided 19 May 2026 · Published 19 May 2026 · Application 5431389
- Cleanliness
- Exemplary damages
- Healthy homes
- Property damage
Party names are redacted in the official published order. This page summarises the dispute only — not individual identities.
At a glance
Key facts from the published tribunal order.
Location
Te Awamutu
Tribunal region
Adjudicator
N Maplesden
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $668.00
- Total balance for Landlord to pay Tenant
- $668.00
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Refund bond | $440.00 | Refund bond | |
| Compensation: inconvenience bond not lodged | $200.00 | inconvenience bond not lodged | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $668.00 | ||
| Total payable by Landlord to Tenant |
Order
- The Tribunal orders suppression of the Tenants’ names and identifying details.
- Balraj Dhatterwal must pay [The tenant/s] $668.00 immediately, calculated as shown in table below:
Reasons
- [The tenant/s] and Balraj Dhatterwal attended the hearing held remotely.
- The tenants have applied to the Tribunal for the refund of the bond.
- Their application also raises issues with maintenance saying the landlord left garden rubbish around the house, that this caused serious ant invasions into the house and that the floor was not properly sealed which allowed the ants to enter the house more easily.
- New concerns were raised by both parties during the hearing. I explained that I cannot make decisions about issues that are not included in the application. 1
- The landlord and tenant agree that the tenancy started on 20 December 2024 and ended on 5 January 2026.
What does the law say about lodging bonds and maintenance issues?
- Both landlords and tenants have important legal obligations. This is so that the contract runs smoothly and fairly. Breaching legal obligations can be serious and result in having to pay fines or compensation.
- The relevant obligations in this claim are:- a. A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986 (RTA). 2 b. If a landlord wants to claim any of the bond, they must file their own application with the Tribunal; section 22B(2) RTA. c. A landlord must provide and maintain tenancy premises in a reasonable state of cleanliness and repair. This includes the outside of the property; section 45(1)(a) and (b) RTA. 3 d. A landlord must provide a complete written statement in the tenancy agreement about the ceiling and underfloor insulation and about all Healthy Homes Standards; section 13A(1A) and (1CA) RTA. 4 Refund of the bond
- The tenant says he paid a bond of $2,320.00 and has received $1,300.00 back from the landlord. The tenants agreed the landlord could deduct $580.00 for the final week of rent but do not agree with the deduction of $440.00.
- The landlord says he kept $440.00 to cover the costs of cleaning the house after the tenants left. He provided an invoice and some photos.
- After discussion in the hearing, the landlord offered to refund the deducted amount to the tenant. I agree this is the fair and proper thing to do. I have 1 Mainly because if the other person does not know a new issue is going to be raised, they cannot prepare for it. 2 The landlord can be fined up to $1,500.00. 3 The landlord can be fined up to $7,200.00. 4 The landlord can be fined up to $750.00. made an order that the landlord must refund $440.00 to the tenant named in the order. 5
- My reasons for this decision are:- a. The photos do not show that the house was not reasonably clean and tidy. There are one or two marks on the carpet so carpet cleaning might have been justified but I cannot see any other cleaning issues. The photos show some items left behind, but the landlord and tenant agree that the tenant came to pick these up, so it is misleading to say the landlord had to dispose of them. b. The landlord admits he did not lodge the bond at the Bond Centre. He said this was because it takes a long time to get the money back after a tenancy. A bond must always be lodged. It is not optional. It is the law. It is a serious breach to not lodge a bond because it gives the landlord all the power over a tenant’s money. c. Even if the bond had been lodged, the landlord did not make his own claim to the Tribunal. Any landlord that wants to make a claim from a lodged bond, must file their own application.
- I have decided to award an additional $200.00 to be paid to the tenant as compensation for the failure to lodge the bond and failure to follow the proper legal process. The tenant has had to wait more than four months to have his concerns heard. He now must wait for the landlord to pay him. The breach by the landlord has caused him real inconvenience and frustration.
- The tenant told me that the landlord told him he had lodged the bond but there would be a delay in refunding this. That was not true. The tenant did not find out the bond was not lodged until I told him in the hearing. The landlord is fortunate not to be fined (this is called “exemplary damages”) because a fine can be up to $1,500.00. Maintenance issues
- The tenant says the landlord cut down trees at the property and left large piles of cut tree branches and mulch around the house for about five months. The tenant thinks the piles of garden waste caused large numbers of ants to come inside the house. The problem is proven by photos of the branches and mulch, and a video of large numbers of ants inside the house. 5 I received written confirmation from the other tenant after the hearing that the bond belongs to the tenant who attended the hearing. This is why the order requires the landlord to pay the money to one tenant only.
- The tenant says the ants became a problem only after the garden waste was left near the house. He says the landlord ignored his requests to remove these and to have pest treatment done and told the tenants they should do it themselves. Eventually the tenants agreed to do so and the landlord reduced the rent by $200.00 to compensate them for this.
- The landlord disagrees and says that the tenants wanted to do the work, so he let them. He thinks the ants were caused by poor housekeeping.
- The landlord and tenant disagree on this issue. My decision is that there is not enough clear evidence for me to decide that the landlord breached his maintenance obligations. I was not given copies of any texts or messages showing the tenants asking the landlord to remove the branches. The tenant sent some messages during the hearing but they are not written in English so I cannot read them. Also, there is nothing to show that the ants were caused by the garden waste. I dismiss this claim. Filing fee and suppression
- The tenants are partly successful, so I award the filing fee and suppress their names.
- The landlord’s name is published as he failed to lodge the bond. The landlord also failed to complete the Healthy Homes Statements in the tenancy agreement. This is also a serious breach. He should take immediate action to comply with all obligations with his new tenants and seek advice, if he needs it, from Tenancy Services tenancy.services.govt.nz and 0800 836 262.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s13A(1A), s14, s19(1), s22B(2), s45(1)
Key findings
- Dispute theme: cleaning
- Dispute theme: healthy homes
- Dispute theme: exemplary damages
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was Tenancy Tribunal case 5431389 about?
The tribunal order states: The Tribunal orders suppression of the Tenants’ names and identifying details.
How much money was awarded in case 5431389?
Compensation: inconvenience bond not…: $200.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant
What type of tenancy dispute was case 5431389?
The dispute type was not classified.
Where can I read the official tribunal order for case 5431389?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13608624-Tribunal_Order_Redacted.pdf.
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