Tenantcheck Insights · Case study
Tenancy Tribunal case 5436832 — Rent arrears at 54 Arthur Street, Gladstone, Invercargill 9810
Published 16 April 2026 · Application 5436832
Landlord favoured
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Invercargill
Tribunal region
Adjudicator
S Munro
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $2,114.29
- Bond payment as ordered
- −$1,680.00
- Total balance for Tenant to pay Landlord
- $434.29
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears | $2,114.29 | Rent arrears | |
| Net award | $434.29 | ||
| Total payable by Tenant to Landlord | $434.29 |
Claims and awards for application 5436832 — net $434.29 NZD. Verify on MoJ.
Rent arrears
- Amount
- $2,114.29
- Awarded to
- Landlord
- Reason
- Rent arrears
Net award
Landlord $434.29
Total payable by Tenant to Landlord
Landlord $434.29
Claim types — money lines allowed on this order
Order
- Janet Russell and Angela Terry must pay Jiao Chen $434.29 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $1,680.00 (BN-17145964) to Jiao Chen immediately.
Reasons
- All parties attended the hearing. Ms Chen had an interpreter to assist when required.
- 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 31 January 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenants agreed that the rent was owing. The tenant agreed to make payments of this starting next Tuesday at $50.00 per week.
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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
- The landlord claimed costs of $400.00 for rubbish removal, locks to be changed and a broken window. This is on the basis that she in fact had sold the property and the purchaser held back $1000.00 from the settlement because of a broken window at the bottom of a door leading to the outside, two crates and a chair. There was garden waste that the landlord states she paid $600 to remove and therefore claims the remainder of $400 from the tenant.
- There are no invoices for the individual claims. Because the purchaser held back this money there is no reason as to the actual losses.
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 following damage that the landlord claims is that the window in the bottom of an outside door was damaged during the tenancy.
- The tenant claims that the window blew open and the landlord was notified. The door could not lock, and a tradesman came and looked a the door and chose to put the wood in it to prevent it reoccurring. I cannot find on the evidence that this is careless nor intentional damage and therefore the claim is dismissed.
- In relation ot the keys, the tenant advised that the property never had more keys than the ones she left behind. There is no evidence of more keys and the need to have them replaced. There was no appearance on behave of the landlord to attend the final inspection and the tenant waited over two hours for someone to arrive.
- I am not satisfied that the remaining claims are proven.
- I do not award the refund of the filing fee given the remaining issues were not successful.
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: rent arrears
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5436832?
The tribunal order states: Janet Russell and Angela Terry must pay Jiao Chen $434.29 immediately,
How much money was awarded in case 5436832?
Rent Arrears: $2,114.29 awarded to landlord
What type of tenancy dispute was case 5436832?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5436832?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13457023-Tenancy_Tribunal_Order.pdf.