What was Tenancy Tribunal case 5448917 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Orbit Property Management

How much money was awarded in case 5448917?

Cleaning: $460.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $610.71 awarded to tenant; Ceiling In Living Room: $795.00 awarded to landlord; Rubbish Removal: $185.24 awarded to landlord

What type of tenancy dispute was case 5448917?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5448917?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13870877-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5448917 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Orbit Property Management

How much money was awarded in case 5448917?

Cleaning: $460.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $610.71 awarded to tenant; Ceiling In Living Room: $795.00 awarded to landlord; Rubbish Removal: $185.24 awarded to landlord

What type of tenancy dispute was case 5448917?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5448917?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13870877-Tenancy_Tribunal_Order.pdf.

76B Barbour Street, Waltham, Christchurch 8011 Tenancy Tribunal Case 5448917 — Property damage

Tenantcheck Insights

76B Barbour Street, Waltham, Christchurch 8011 Tenancy Tribunal Case 5448917 — Property damage | 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 5448917 — net $857.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$460.00		Cleaning
Rubbish removal	$185.24		Rubbish removal
Repairs: Ceiling in living room	$795.00		Repairs: Ceiling in living room
Filing fee reimbursement	$28.00		Filing fee reimbursement
Credit for bond remaining after rent arrears paid		$610.71	Credit for bond remaining after rent arrears paid
Total award	$1,468.24	$610.71
Net award	$857.53
Total payable by Tenant to Landlord	$857.53

Claims and awards for application 5448917 — net $857.53 NZD. Verify on MoJ.

Cleaning

Amount: $460.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $185.24
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Ceiling in living room

Amount: $795.00
Awarded to: Landlord
Reason: Repairs: Ceiling in living room

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Credit for bond remaining after rent arrears paid

Amount: $610.71
Awarded to: Tenant
Reason: Credit for bond remaining after rent arrears paid

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Property damage Rubbish Removal

Order

[The tenant/s] and [The tenant/s] must pay Orbit Property Management Limited As The Agent For Janine Gordon $857.53 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing on 8 July 2026. Freya Mountford and Ali Webb appeared on behalf of the landlord. The tenant did not attend the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

Did the tenant comply with their obligations at the end of the tenancy?

The law

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. 1
“Reasonably” clean means clean to the standard an average, reasonable bystander would consider reasonable. 2 It does not mean commercially clean, 3 spotless 4 or to a hotel or motel standard. 5 The better the premises and the higher the rent payable, the higher the standard expected. 6 Analysis
The photographs taken at the end of the tenancy prove the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The garage is full of furniture and rubbish. The floor in the garage has not been vacuumed and there is a lot of debris. There is also hair on the floor in the bathroom, which does not appear to have been cleaned properly. There is a lot of dust on top of one of the toilets. The flooring in the kitchen does not appear to have been mopped, because there is staining present. The carpet in the living room has small white spots on it and a brown stain, which are not present in the photographs taken at the beginning of the tenancy.
For these reasons, I find the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord’s claim for compensation for cleaning, carpet cleaning and rubbish removal is granted for the following amounts: a. Cleaning and carpet cleaning: $460.00 b. Rubbish removal: $185.24
The landlord submitted invoices for these amounts. 1 Residential Tenancies Act 1986, section 40(1)(e)(ii) – (v). 2 Housing New Zealand v Holloway NZTT Auckland TT215/93, 8 February 1993 at [8]. 3 Mills v Kiwi Property Care Ltd NZTT Auckland TT215/93, 8 February 1993 at [8]. 4 Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 5 Richards v Scully NZTT Christchurch TT858/97, 8 May 1997 at [3]; Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 6 Westwood v Western [1994] DCR 759 at [770]. Is the tenant responsible for damage that occurred at the premises during the tenancy? The law
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. 7
Fair wear and tear has been defined as the deterioration of premises due to both reasonable use and ordinary operation of natural forces, reasonable conduct on the part of the tenant being assumed. The amount of damage is not relevant. 8 Analysis
The photographs taken at the beginning of the tenancy do not show any significant marks or damage to the ceiling in the living room. The photographs taken at the end show a moderate sized patch repair in the ceiling. It appears as though the tenant has tried to repair a hole caused to the ceiling. The repair has not been completed professionally and is obvious.
I find the ceiling in the living room was damaged during the tenancy. The damage exceeds fair wear and tear, and the tenant has not disproved liability.
The landlord submitted an invoice for $795.00 to repair and paint the ceiling. As is often the case, the entire ceiling needed to be repainted, because a patch repair was not possible, due to the difference in colour in the paint. The landlord gave evidence that the ceiling was painted approximately 1 – 2 years prior. I accept the landlord’s evidence. Given how recently the ceiling was painted, I do not make an adjustment for betterment and depreciation. The landlord’s claim for compensation to repair the ceiling is granted in full for $795.00. Bond credit
The bond of $2,320.00 has already been refunded to the landlord. From this, $1,709.29 has been credited towards rent arrears owing at the end of the tenancy. This leaves a balance of $610.71, which I have credited towards the total amount of compensation the tenant is ordered to pay. 7 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B. 8 See discussion in Accessible Properties New Zealand Ltd v McKeefry [2019] NZTT 4114629, 4169403. Filing fee
The landlord has been wholly successful with their application. Therefore, I must order the tenant to 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 5448917 — net $857.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$460.00		Cleaning
Rubbish removal	$185.24		Rubbish removal
Repairs: Ceiling in living room	$795.00		Repairs: Ceiling in living room
Filing fee reimbursement	$28.00		Filing fee reimbursement
Credit for bond remaining after rent arrears paid		$610.71	Credit for bond remaining after rent arrears paid
Total award	$1,468.24	$610.71
Net award	$857.53
Total payable by Tenant to Landlord	$857.53

Claims and awards for application 5448917 — net $857.53 NZD. Verify on MoJ.

Cleaning

Amount: $460.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $185.24
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Ceiling in living room

Amount: $795.00
Awarded to: Landlord
Reason: Repairs: Ceiling in living room

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Credit for bond remaining after rent arrears paid

Amount: $610.71
Awarded to: Tenant
Reason: Credit for bond remaining after rent arrears paid

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Property damage Rubbish Removal

Order

[The tenant/s] and [The tenant/s] must pay Orbit Property Management Limited As The Agent For Janine Gordon $857.53 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing on 8 July 2026. Freya Mountford and Ali Webb appeared on behalf of the landlord. The tenant did not attend the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

Did the tenant comply with their obligations at the end of the tenancy?

The law

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. 1
“Reasonably” clean means clean to the standard an average, reasonable bystander would consider reasonable. 2 It does not mean commercially clean, 3 spotless 4 or to a hotel or motel standard. 5 The better the premises and the higher the rent payable, the higher the standard expected. 6 Analysis
The photographs taken at the end of the tenancy prove the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The garage is full of furniture and rubbish. The floor in the garage has not been vacuumed and there is a lot of debris. There is also hair on the floor in the bathroom, which does not appear to have been cleaned properly. There is a lot of dust on top of one of the toilets. The flooring in the kitchen does not appear to have been mopped, because there is staining present. The carpet in the living room has small white spots on it and a brown stain, which are not present in the photographs taken at the beginning of the tenancy.
For these reasons, I find the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord’s claim for compensation for cleaning, carpet cleaning and rubbish removal is granted for the following amounts: a. Cleaning and carpet cleaning: $460.00 b. Rubbish removal: $185.24
The landlord submitted invoices for these amounts. 1 Residential Tenancies Act 1986, section 40(1)(e)(ii) – (v). 2 Housing New Zealand v Holloway NZTT Auckland TT215/93, 8 February 1993 at [8]. 3 Mills v Kiwi Property Care Ltd NZTT Auckland TT215/93, 8 February 1993 at [8]. 4 Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 5 Richards v Scully NZTT Christchurch TT858/97, 8 May 1997 at [3]; Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 6 Westwood v Western [1994] DCR 759 at [770]. Is the tenant responsible for damage that occurred at the premises during the tenancy? The law
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. 7
Fair wear and tear has been defined as the deterioration of premises due to both reasonable use and ordinary operation of natural forces, reasonable conduct on the part of the tenant being assumed. The amount of damage is not relevant. 8 Analysis
The photographs taken at the beginning of the tenancy do not show any significant marks or damage to the ceiling in the living room. The photographs taken at the end show a moderate sized patch repair in the ceiling. It appears as though the tenant has tried to repair a hole caused to the ceiling. The repair has not been completed professionally and is obvious.
I find the ceiling in the living room was damaged during the tenancy. The damage exceeds fair wear and tear, and the tenant has not disproved liability.
The landlord submitted an invoice for $795.00 to repair and paint the ceiling. As is often the case, the entire ceiling needed to be repainted, because a patch repair was not possible, due to the difference in colour in the paint. The landlord gave evidence that the ceiling was painted approximately 1 – 2 years prior. I accept the landlord’s evidence. Given how recently the ceiling was painted, I do not make an adjustment for betterment and depreciation. The landlord’s claim for compensation to repair the ceiling is granted in full for $795.00. Bond credit
The bond of $2,320.00 has already been refunded to the landlord. From this, $1,709.29 has been credited towards rent arrears owing at the end of the tenancy. This leaves a balance of $610.71, which I have credited towards the total amount of compensation the tenant is ordered to pay. 7 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B. 8 See discussion in Accessible Properties New Zealand Ltd v McKeefry [2019] NZTT 4114629, 4169403. Filing fee
The landlord has been wholly successful with their application. Therefore, I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 5448917 — Property damage at 76B Barbour Street, Waltham, Christchurch 8011

At a glance

Tenancy Tribunal case 5448917 — Property damage at 76B Barbour Street, Waltham, Christchurch 8011

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions