What was Tenancy Tribunal case 5438308 about?

The tribunal order states: [The tenant/s] must pay Bayleys Property Management (Formerly

How much money was awarded in case 5438308?

Cleaning: $323.67 awarded to landlord; Cleaning: $232.88 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $1,000.50 awarded to landlord; Property Damage: $152.67 awarded to landlord; Rent Arrears: $1,593.57 awarded to landlord; Rubbish Clearing Into Skip: $348.57 awarded to landlord; Skip Hirer And Removal: $390.00 awarded to landlord; Skip Removal Costs: $150.00 awarded to landlord

What type of tenancy dispute was case 5438308?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 5438308?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13434897-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5438308 about?

The tribunal order states: [The tenant/s] must pay Bayleys Property Management (Formerly

How much money was awarded in case 5438308?

Cleaning: $323.67 awarded to landlord; Cleaning: $232.88 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $1,000.50 awarded to landlord; Property Damage: $152.67 awarded to landlord; Rent Arrears: $1,593.57 awarded to landlord; Rubbish Clearing Into Skip: $348.57 awarded to landlord; Skip Hirer And Removal: $390.00 awarded to landlord; Skip Removal Costs: $150.00 awarded to landlord

What type of tenancy dispute was case 5438308?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 5438308?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13434897-Tenancy_Tribunal_Order.pdf.

72 Lime Street, Newfield, Invercargill 9812 Tenancy Tribunal Case 5438308 — Rent arrears

Tenantcheck Insights

72 Lime Street, Newfield, Invercargill 9812 Tenancy Tribunal Case 5438308 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5438308 — net $2,339.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,593.57	Rent arrears
curtain replacement	$152.67	curtain replacement
Skip removal costs	$150.00	Skip removal costs
Skip hirer and removal	$390.00	Skip hirer and removal
Rubbish clearing into skip	$348.57	Rubbish clearing into skip
Lawns and Garden work	$1,000.50	Lawns and Garden work
Cleaning: House clean	$232.88	Cleaning: House clean
Carpet Cleaning	$323.67	Carpet Cleaning
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,339.86
Total payable by Tenant to Landlord	$2,339.86

Claims and awards for application 5438308 — net $2,339.86 NZD. Verify on MoJ.

Rent arrears

Amount: $1,593.57
Awarded to: Landlord
Reason: Rent arrears

curtain replacement

Amount: $152.67
Awarded to: Landlord
Reason: curtain replacement

Skip removal costs

Amount: $150.00
Awarded to: Landlord
Reason: Skip removal costs

Skip hirer and removal

Amount: $390.00
Awarded to: Landlord
Reason: Skip hirer and removal

Rubbish clearing into skip

Amount: $348.57
Awarded to: Landlord
Reason: Rubbish clearing into skip

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears

Order

[The tenant/s] must pay Bayleys Property Management (Formerly Southland Real Estate) As Agent For Public Trust As Trustee For A L & L A Jones Family Trust (Lesley And [The landlord/s] $2,339.86 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,880.00 (5574378-004) to Bayleys Property Management (Formerly Southland Real Estate) As Agent For Public Trust As Trustee For A L & L A Jones Family Trust (Lesley And [The landlord/s] immediately.

Reasons

The tenant failed to make herself available for todays hearing.
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 2 December 2025. The landlord provided rent records which prove the amount owing at 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, 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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. There was a skip bag that the tenant had filed and had failed to arrange for its collection. A further skip was required and the photo evidence shows the extent of the rubbish left behind.
The carpets needed cleaning as the tenant had owned a dog and a cat and the curtains needed to be cleaned as they had cat fur residue.
The amounts ordered are proved.
The outside also needed a significant clean-up including lawn mowing and weed srpaying.

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 was caused during the tenancy the curtains and rod needed replacing in one of the rooms. The damage shown in the photos 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.
Because Bayleys Property Management (Formerly Southland Real Estate) As Agent For Public Trust As Trustee For A L & L A Jones Family Trust (Lesley And [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5438308 — net $2,339.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,593.57	Rent arrears
curtain replacement	$152.67	curtain replacement
Skip removal costs	$150.00	Skip removal costs
Skip hirer and removal	$390.00	Skip hirer and removal
Rubbish clearing into skip	$348.57	Rubbish clearing into skip
Lawns and Garden work	$1,000.50	Lawns and Garden work
Cleaning: House clean	$232.88	Cleaning: House clean
Carpet Cleaning	$323.67	Carpet Cleaning
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,339.86
Total payable by Tenant to Landlord	$2,339.86

Claims and awards for application 5438308 — net $2,339.86 NZD. Verify on MoJ.

Rent arrears

Amount: $1,593.57
Awarded to: Landlord
Reason: Rent arrears

curtain replacement

Amount: $152.67
Awarded to: Landlord
Reason: curtain replacement

Skip removal costs

Amount: $150.00
Awarded to: Landlord
Reason: Skip removal costs

Skip hirer and removal

Amount: $390.00
Awarded to: Landlord
Reason: Skip hirer and removal

Rubbish clearing into skip

Amount: $348.57
Awarded to: Landlord
Reason: Rubbish clearing into skip

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears

Order

[The tenant/s] must pay Bayleys Property Management (Formerly Southland Real Estate) As Agent For Public Trust As Trustee For A L & L A Jones Family Trust (Lesley And [The landlord/s] $2,339.86 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,880.00 (5574378-004) to Bayleys Property Management (Formerly Southland Real Estate) As Agent For Public Trust As Trustee For A L & L A Jones Family Trust (Lesley And [The landlord/s] immediately.

Reasons

The tenant failed to make herself available for todays hearing.
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 2 December 2025. The landlord provided rent records which prove the amount owing at 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, 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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. There was a skip bag that the tenant had filed and had failed to arrange for its collection. A further skip was required and the photo evidence shows the extent of the rubbish left behind.
The carpets needed cleaning as the tenant had owned a dog and a cat and the curtains needed to be cleaned as they had cat fur residue.
The amounts ordered are proved.
The outside also needed a significant clean-up including lawn mowing and weed srpaying.

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 was caused during the tenancy the curtains and rod needed replacing in one of the rooms. The damage shown in the photos 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.
Because Bayleys Property Management (Formerly Southland Real Estate) As Agent For Public Trust As Trustee For A L & L A Jones Family Trust (Lesley And [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5438308 — Rent arrears at 72 Lime Street, Newfield, Invercargill 9812

At a glance

Tenancy Tribunal case 5438308 — Rent arrears at 72 Lime Street, Newfield, Invercargill 9812

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