What was Tenancy Tribunal case 5474909 about?

The tribunal order states: [The tenant/s] must pay Wongeoon Vast Limited

How much money was awarded in case 5474909?

Cleaning: $300.00 awarded to landlord; Cleaning: $100.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $10,380.96 awarded to landlord; Walls In Bedroom: $839.50 awarded to landlord; Replace Garage Remote: $172.50 awarded to landlord; Rubbish Removal: $538.17 awarded to landlord

What type of tenancy dispute was case 5474909?

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

Where can I read the official tribunal order for case 5474909?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13931352-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5474909 about?

The tribunal order states: [The tenant/s] must pay Wongeoon Vast Limited

How much money was awarded in case 5474909?

Cleaning: $300.00 awarded to landlord; Cleaning: $100.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $10,380.96 awarded to landlord; Walls In Bedroom: $839.50 awarded to landlord; Replace Garage Remote: $172.50 awarded to landlord; Rubbish Removal: $538.17 awarded to landlord

What type of tenancy dispute was case 5474909?

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

Where can I read the official tribunal order for case 5474909?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13931352-Tenancy_Tribunal_Order.pdf.

39 Steele Street, Hornby, Christchurch 8042 Tenancy Tribunal Case 5474909 — Rent arrears

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5474909 — net $9,359.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 January 2026 (less failure to mitigate loss	$10,380.96	Rent arrears to 15 January 2026 (less failure to mitigate loss
Replace garage remote	$172.50	Replace garage remote
Carpet Cleaning	$300.00	Carpet Cleaning
Cleaning	$100.00	The landlord gave evidence that they undertook the cleaning themselves. I find $100.00 to be reasonable to reflect the landlord’s time and labour cleaning the…
Repairs: Walls in bedroom	$839.50	Repairs: Walls in bedroom
Rubbish removal	$538.17	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$9,359.13
Total payable by Tenant to Landlord	$9,359.13

The landlord attended the hearing on 21 July 2026. The tenant did not attend.

The landlord has applied for rent arrears, compensation and refund of the bond 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.

How much does the tenant owe in rent arrears?

The law

Section 40(1)(a) of the Residential Tenancies Act 1986 (RTA) imposes an obligation on a tenant to pay rent as and when it is due and payable under the tenancy agreement.

Where a tenant fails to pay rent as and when it is due, section 49 RTA requires a landlord to take all reasonable steps to limit the loss arising from the tenant’s breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract.

In Huang v Ashworth [2024] NZDC 15726, the District Court discussed a landlord’s duty to mitigate their loss in the context of rent arrears and held: [8] ...[W]here the tenant fails to pay rent owing, there is an obligation on the landlord to mitigate the loss. This can be achieved by not allowing the arrears to continue to accrue, instead ending the tenancy and reletting the premises thereby preventing ongoing loss. ... [11] Of relevance is s 55(1)(a) of the Act, which contains the power for a landlord to end a tenancy where rent is more than 21 days in arrears...

The District Court held that the test of what is required by a landlord to mitigate their loss is a factual one that requires the Court or Tribunal to consider: (a) whether the landlord took all reasonable steps to mitigate its loss; and (b) more particularly, whether it acted reasonably having regard to all the circumstances of the case.

The case of Huang v Ashworth involved a tenancy that began in 2019 and ended on 3 January 2023. Throughout a significant period of the tenancy, the tenant did not pay the full amount of rent and was in arrears. As of March 2022, the tenant was 13 weeks in arrears. Rent arrears continued to increase until the tenancy ended on 3 January 2023. The landlord sought an order for $10,000.00 in rent arrears.

The landlord in Huang v Ashworth had engaged in ongoing discussion with the tenant about payment of the arrears. At different times, arrangements were put in place for the tenant to pay the arrears, but the tenant did not adhere for any significant period of time. The tenant made numerous promises to the landlord to pay the arrears and would sometimes “top up” their rental payment to reduce the arrears, but never for a sustained period of time. The landlord continued to allow the tenant more time to pay the arrears, rather than seeking eviction. The District Court found the landlord’s attempts to resolve the issue of rent arrears without resorting to eviction were reasonable, but only up to a point. At paragraph [18], the District Court held: [18]... Where a tenant repeatedly breaches promises to make up arrears and instead additional arrears are incurred there comes a point where it is being naïve or careless to your own interests to persist giving the tenant more time to pay. For that reason, I do not consider that the full arrears can be claimed. In other words I am satisfied on balance of probabilities that there was some failure to mitigate loss...”

The District Court considered a reduction of one third of the total rent arrears claimed to be a reasonable reflection of the landlord’s failure to mitigate their loss. Analysis

The tenancy began on 6 June 2025 and ended on 25 January 2026.

The landlord submitted a rent summary, which records rent arrears as being $15,571.43 (145 days) up to the end of the tenancy.

Between 1 September 2025 and 25 January 2026, the tenant only made one payment to the landlord for $500.00 on 26 September 2025. No other payments were made. As a result, rent arrears quickly increased from $321.43 on 31 August 2025 to $15,571.43 by 25 January 2026.

The landlord gave evidence that they tried talking with the tenant about the rent arrears and reminding them of their obligation to pay rent. The landlord followed up with the tenant about the rent arrears, but did not make any applications to the Tribunal. No evidence of 14-day notices sent by the landlord to the tenant was submitted.

I find that it was reasonable for the landlord to try to deal with the issue of rent arrears personally, but only up to a certain point. By 20 October 2025, rent arrears were $5,821.43 (54 days) and climbing. It should have been obvious to the landlord at this point that the tenant was very unlikely to pay their rent or the arrears moving forward. An application to the Tribunal to end the tenancy should have been made by the landlord. By failing to do this, I find the landlord did not act reasonably to mitigate their loss. In the end, the tenancy only ended because the tenant decided to give notice, not because of any steps the landlord took to end the tenancy.

As in Huang v Ashworth, I consider a reduction of one third of the total amount of rent arrears to be appropriate to reflect the landlord’s failure to mitigate their loss.

For all of these reasons, the landlord’s claim for rent arrears is granted for $10,380.96.

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 Garage remote

The landlord claims the tenant did not return the garage remote at the end of the tenancy. In the absence of any evidence to the contrary, I accept the landlord’s evidence.

The landlord submitted an invoice for $172.50 to replace the garage remote. Their claim for compensation is granted for this amount. Cleaning, carpet cleaning and rubbish removal 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].

The landlord submitted photographs taken at the end of the tenancy, which prove the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. There is debris and rubbish on the floors inside the premises. The floors do not appear to have been vacuumed or mopped. The toilet has not been cleaned. There are large stains on the carpet, including a prominent red stain. Large furniture items, such as mattresses, have also been left behind inside the garage. In the garden, rubbish is present.

The landlord seeks $480.00 for general cleaning however, they did not submit an invoice. The landlord gave evidence that they undertook the cleaning themselves. I find $100.00 to be reasonable to reflect the landlord’s time and labour cleaning the premises.

The landlord submitted an invoice for $450.00 for carpet cleaning. They seek $300.00 of this cost. This is because the landlord claims that the fire brigade previously attended the premises in response to a fire caused when the tenant was cooking. The fire brigade brought some dirt with them when entering the house.

The landlord submitted an invoice for $538.17 for rubbish removal.

The landlord’s claim for compensation is granted for the following amounts: a. Cleaning: $100.00 b. Carpet cleaning: $300.00 c. Rubbish removal: $538.17 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 the 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 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.

The purpose of compensation is to restore the landlord to the same position they would have been in had the tenant not breached their obligations. The landlord must not be any better or worse off. To achieve this, there may need to be a reduction to the total amount of compensation sought to reflect betterment and depreciation. This is particularly the case where full replacement or reinstatement has been undertaken. Analysis

The landlord submitted photographs of one bedroom taken at the end of the tenancy. These show two walls in the bedroom are damaged. There are two holes and a drawing.

The landlord gave evidence that the bedroom walls were not damaged in this way at the beginning of the tenancy. I accept the landlord’s evidence.

On the balance of probabilities, I find the walls in the bedroom were damaged during the tenancy. The damage exceeds fair wear and tear, and the tenant has not disproved liability.

The landlord submitted an invoice for $839.50 to repair and repaint the two walls. The landlord’s claim for compensation is granted for this amount. Because the entire bedroom was not repainted, I do not consider it appropriate to make any reduction for betterment and depreciation.

All of the amounts ordered are proved. Filing fee

The landlord has been wholly successful with their claim. Therefore, I must order the tenant to reimburse the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5474909 — net $9,359.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 January 2026 (less failure to mitigate loss	$10,380.96	Rent arrears to 15 January 2026 (less failure to mitigate loss
Replace garage remote	$172.50	Replace garage remote
Carpet Cleaning	$300.00	Carpet Cleaning
Cleaning	$100.00	The landlord gave evidence that they undertook the cleaning themselves. I find $100.00 to be reasonable to reflect the landlord’s time and labour cleaning the…
Repairs: Walls in bedroom	$839.50	Repairs: Walls in bedroom
Rubbish removal	$538.17	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$9,359.13
Total payable by Tenant to Landlord	$9,359.13

The landlord attended the hearing on 21 July 2026. The tenant did not attend.

The landlord has applied for rent arrears, compensation and refund of the bond 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.

How much does the tenant owe in rent arrears?

The law

Section 40(1)(a) of the Residential Tenancies Act 1986 (RTA) imposes an obligation on a tenant to pay rent as and when it is due and payable under the tenancy agreement.

The District Court considered a reduction of one third of the total rent arrears claimed to be a reasonable reflection of the landlord’s failure to mitigate their loss. Analysis

The tenancy began on 6 June 2025 and ended on 25 January 2026.

The landlord submitted a rent summary, which records rent arrears as being $15,571.43 (145 days) up to the end of the tenancy.

As in Huang v Ashworth, I consider a reduction of one third of the total amount of rent arrears to be appropriate to reflect the landlord’s failure to mitigate their loss.

For all of these reasons, the landlord’s claim for rent arrears is granted for $10,380.96.

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

The landlord claims the tenant did not return the garage remote at the end of the tenancy. In the absence of any evidence to the contrary, I accept the landlord’s evidence.

The landlord submitted an invoice for $538.17 for rubbish removal.

The landlord submitted photographs of one bedroom taken at the end of the tenancy. These show two walls in the bedroom are damaged. There are two holes and a drawing.

The landlord gave evidence that the bedroom walls were not damaged in this way at the beginning of the tenancy. I accept the landlord’s evidence.

On the balance of probabilities, I find the walls in the bedroom were damaged during the tenancy. The damage exceeds fair wear and tear, and the tenant has not disproved liability.

All of the amounts ordered are proved. Filing fee

The landlord has been wholly successful with their claim. Therefore, I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 5474909 — Rent arrears at 39 Steele Street, Hornby, Christchurch 8042

At a glance

Tenancy Tribunal case 5474909 — Rent arrears at 39 Steele Street, Hornby, Christchurch 8042

At a glance

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe in rent arrears?

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

How much does the tenant owe in rent arrears?

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