What was Tenancy Tribunal case 5473392 about?

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

How much money was awarded in case 5473392?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,250.00 awarded to landlord

What type of tenancy dispute was case 5473392?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5473392?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13772655-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5473392 about?

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

How much money was awarded in case 5473392?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,250.00 awarded to landlord

What type of tenancy dispute was case 5473392?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5473392?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13772655-Tenancy_Tribunal_Order.pdf.

147D Yaldhurst Road, Sockburn, Christchurch 8042 Tenancy Tribunal Case 5473392 — Rent arrears

Claims and awards in Tenancy Tribunal application 5473392 — net $2,278.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 June 2026	$2,250.00	Rent arrears to 16 June 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,278.00
Total payable by Tenant to Landlord	$2,278.00

Order

[The tenant/s] and [The tenant/s] to pay Orbit Property Management Limited As Agent For Nan Xu And [The landlord/s] $2,278.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,278.00 (BN-00067943) to Orbit Property Management Limited As Agent For Nan Xu And [The landlord/s] immediately.

Reasons

The Landlord attended the hearing. The Tenants did not appear.
The landlord has applied for rent arrears, compensation, refund of the bond, termination and reimbursement of the filing fee following the end of the tenancy.
At the hearing, the Landlord confirmed the tenancy had ended and the claim for termination was withdrawn.

How much is owed for rent?

The tenancy ended on 24 March 2026. 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 Landlord claimed that the Tenants failed to leave the premises in a reasonably clean and tidy condition and relied on an invoice for cleaning of the bathrooms, floors, and carpets. The Landlord did not provide any final inspection photographs to show the condition of the property at the end of the tenancy or substantiating that the cleaning was necessary. The Landlord was given an opportunity during the hearing to provide this evidence but sent through the invoices and rent summary instead.
In considering the evidence, I find in the absence of photographic evidence or a final inspection report, there is insufficient evidence to prove the property was not left reasonably clean and tidy or that the carpet cleaning was required.
The claim for cleaning is dismissed.

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 Landlord claimed for damage caused to the bedroom carpet and window frame. Invoices were provided for the repair work but no photographs of any damage or a final inspection report showing the condition of the premises at the end of the tenancy. The Landlord referred to the Tenants signing the bond refund form and an email from the Landlord confirming an agreed payment arrangement for an outstanding balance.
In considering the evidence, I find without the photographic evidence or a final inspection report, there is insufficient evidence to establish the extent or cause of the damage and to determine whether the repair costs claimed in the invoices were reasonable. Also, the email correspondence does not record the Tenants' agreement to pay for the carpet or window frame damage. The Landlord should have provided this evidence before the hearing and were given an opportunity to send these through. All that was received was invoices and a rent summary. Given that the Landlord is a professional property management company there is a reasonable expectation that these records would have been produced in support of their claim.
The claim is dismissed.
As the Landlord has been substantially successful with their claim the Tenant shall reimburse the filing fee

Claims and awards in Tenancy Tribunal application 5473392 — net $2,278.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 June 2026	$2,250.00	Rent arrears to 16 June 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,278.00
Total payable by Tenant to Landlord	$2,278.00

Order

[The tenant/s] and [The tenant/s] to pay Orbit Property Management Limited As Agent For Nan Xu And [The landlord/s] $2,278.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,278.00 (BN-00067943) to Orbit Property Management Limited As Agent For Nan Xu And [The landlord/s] immediately.

Reasons

The Landlord attended the hearing. The Tenants did not appear.
The landlord has applied for rent arrears, compensation, refund of the bond, termination and reimbursement of the filing fee following the end of the tenancy.
At the hearing, the Landlord confirmed the tenancy had ended and the claim for termination was withdrawn.

How much is owed for rent?

The tenancy ended on 24 March 2026. 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 Landlord claimed that the Tenants failed to leave the premises in a reasonably clean and tidy condition and relied on an invoice for cleaning of the bathrooms, floors, and carpets. The Landlord did not provide any final inspection photographs to show the condition of the property at the end of the tenancy or substantiating that the cleaning was necessary. The Landlord was given an opportunity during the hearing to provide this evidence but sent through the invoices and rent summary instead.
In considering the evidence, I find in the absence of photographic evidence or a final inspection report, there is insufficient evidence to prove the property was not left reasonably clean and tidy or that the carpet cleaning was required.
The claim for cleaning is dismissed.

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 Landlord claimed for damage caused to the bedroom carpet and window frame. Invoices were provided for the repair work but no photographs of any damage or a final inspection report showing the condition of the premises at the end of the tenancy. The Landlord referred to the Tenants signing the bond refund form and an email from the Landlord confirming an agreed payment arrangement for an outstanding balance.
In considering the evidence, I find without the photographic evidence or a final inspection report, there is insufficient evidence to establish the extent or cause of the damage and to determine whether the repair costs claimed in the invoices were reasonable. Also, the email correspondence does not record the Tenants' agreement to pay for the carpet or window frame damage. The Landlord should have provided this evidence before the hearing and were given an opportunity to send these through. All that was received was invoices and a rent summary. Given that the Landlord is a professional property management company there is a reasonable expectation that these records would have been produced in support of their claim.
The claim is dismissed.
As the Landlord has been substantially successful with their claim the Tenant shall reimburse the filing fee

Tenancy Tribunal case 5473392 — Rent arrears at 147D Yaldhurst Road, Sockburn, Christchurch 8042

At a glance

Tenancy Tribunal case 5473392 — Rent arrears at 147D Yaldhurst Road, Sockburn, Christchurch 8042

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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