Tenantcheck Insights · Case study
Tenancy Tribunal case 5439049 — Rent arrears at 5 Hamilton Place, East Gore, Gore 9710
Published 28 May 2026 · Application 5439049
Landlord favoured
- Rent arrears
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Gore
Tribunal region
Adjudicator
N Bradley
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $1,873.42
- Total balance for Tenant to pay Landlord
- $1,873.42
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 30.11.25 | $1,190.00 | Rent arrears to 30.11.25 | |
| Window repairs | $456.11 | Window repairs | |
| Rubbish removal and repair door handle | $199.31 | Rubbish removal and repair door handle | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $1,873.42 | ||
| Total payable by Tenant to Landlord | $1,873.42 |
Claims and awards for application 5439049 — net $1,873.42 NZD. Verify on MoJ.
Rent arrears to 30.11.25
- Amount
- $1,190.00
- Awarded to
- Landlord
- Reason
- Rent arrears to 30.11.25
Window repairs
- Amount
- $456.11
- Awarded to
- Landlord
- Reason
- Window repairs
Rubbish removal and repair door handle
- Amount
- $199.31
- Awarded to
- Landlord
- Reason
- Rubbish removal and repair door handle
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $1,873.42
Total payable by Tenant to Landlord
Landlord $1,873.42
Dismissed claims
- Cleaning — The amount ordered for rubbish removal is proved. Damage claims
Claim types — money lines allowed on this order
Order
- Nicola Anne Anderson to pay W Thompson & Co Ltd-Harcourts Gore As The Agent For Courtney Mcdowell $1,873.42 from the bond, calculated as shown in table below.
- The Bond Centre is to pay the bond of $1,873.42 (BN-00167456) to W Thompson & Co Ltd-Harcourts Gore As The Agent For Courtney Mcdowell immediately. The Bond Centre is to pay the bond of $86.58 (BN-00167456) to Nicola Anne Anderson immediately.
- The balance of the claim is dismissed.
Reasons
- The landlord attended the hearing.
- The tenant did not connect to the remote hearing. The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in their absence.
- The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. Relevant legal considerations
- The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).
- With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
How much is owed for rent?
- The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 1 The tenancy ended on 30 November 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,190 and this amount is ordered accordingly. The Law – tenant’s obligations at the end of the tenancy
- At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy, remove all rubbish, return all keys and security devices and leave all chattels provided for their benefit. 2 Cleaning and rubbish removal:
- There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be 1 RTA, 40 (1)(a). 2 RTA, 40(1)(e). reasonably clean. The Tribunal will also consider factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly with paint work). The Law - Tenants responsibility for damage
- A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 3
- Where a landlord is claiming compensation for damage 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. 4
- Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. 5
- 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). 6 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). 7 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 8
- 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. 9 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. 10
- In assessing a claim for compensation, I must take 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 3 RTA, s 40 (2)(a). 4 RTA s 40(2)(a), 41, 49B. 5 See Taylor v Webb [1937] 2KB 283 (CA). 6 RTA s 49B(3)(a). 7 RTA, s 49B(3)(b). 8 RTA s 49B(3A)(a). 9 RTA s 49B(1). 10 See Guo v Korck [2019] NZHC 1541. or worse off. In calculating depreciation, I must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Cleaning and rubbish removal
- The landlord claims cleaning costs and rubbish removal costs. The landlord provided pre-tenancy photographs of the premises and some post-tenancy photographs. The photographs show the tenant did not remove all her rubbish. There was a lack of photographs in support of the claim for cleaning. I am not satisfied on the evidence presented that the tenant did not leave the premises reasonably clean and tidy, and this claim is dismissed. The amount ordered for rubbish removal is proved. Damage claims
- The following damage was caused during the tenancy: a. A garage door handle was broken. A pre-tenancy inspection report, a photograph of the damage and an invoice were provided in support of the claim. b. Two windows were broken. The landlord provided an invoice in support of the claim for window repairs and photographs, however the photographs provided did not clearly show the damage. I have relied on the property managers oral evidence that she attended at the property the day after the tenant vacated and saw the broken windows herself and the invoice confirming that windowpanes were replaced.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved. Bond
- Part of the bond is to be paid to the landlord immediately to offset the amount’s ordered. The balance is to be paid to the tenant. Filing Fee
- Because the landlord has been wholly or partly successful in their claim, I have ordered that the tenant reimburse the filing fee. 11 Suppression
- On my enquiry, the landlord confirmed that name suppression was not sought. 11 RTA, s 102.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s102, s19, s40, s40(2), s49B(1), s49B(3), s49B(3A), s7
Key findings
- Dispute theme: rent arrears
- Dispute theme: property damage
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5439049?
The tribunal order states: Nicola Anne Anderson to pay W Thompson & Co Ltd-Harcourts Gore As The
How much money was awarded in case 5439049?
Filing Fee: $28.00 awarded to landlord; Property Damage: $456.11 awarded to landlord; Rent Arrears: $1,190.00 awarded to landlord; Rubbish Removal: $199.31 awarded to landlord
What type of tenancy dispute was case 5439049?
The primary dispute was Rent arrears. Related themes: Property damage.
Where can I read the official tribunal order for case 5439049?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13668247-Tenancy_Tribunal_Order.pdf.