What was Tenancy Tribunal case 5487191 about?

The tribunal order states: [The tenant/s] must pay Progressive Realty Limited As Agent For Rogelio &

How much money was awarded in case 5487191?

Cleaning: $280.00 awarded to landlord; Cleaning: $890.00 awarded to landlord; Cleaning: $1,632.19 awarded to landlord; Cleaning: $230.00 awarded to landlord; Cleaning: $120.00 awarded to landlord; Eviction Warrant: $139.09 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $200.10 awarded to landlord; Property Damage: $198.38 awarded to landlord; Property Damage: $750.00 awarded to landlord; Kitchen Vinyl: $468.00 awarded to landlord; Property Damage: $1,644.50 awarded to landlord; Replace Furnishings: Couch: $681.00 awarded to landlord; Lawns and Garden Work: $1,593.11 awarded to landlord; Storage: $2,880.00 awarded to landlord

What type of tenancy dispute was case 5487191?

The primary dispute was Property damage. Related themes: Cleanliness, Exemplary damages.

Where can I read the official tribunal order for case 5487191?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13840412-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5487191 about?

The tribunal order states: [The tenant/s] must pay Progressive Realty Limited As Agent For Rogelio &

How much money was awarded in case 5487191?

Cleaning: $280.00 awarded to landlord; Cleaning: $890.00 awarded to landlord; Cleaning: $1,632.19 awarded to landlord; Cleaning: $230.00 awarded to landlord; Cleaning: $120.00 awarded to landlord; Eviction Warrant: $139.09 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $200.10 awarded to landlord; Property Damage: $198.38 awarded to landlord; Property Damage: $750.00 awarded to landlord; Kitchen Vinyl: $468.00 awarded to landlord; Property Damage: $1,644.50 awarded to landlord; Replace Furnishings: Couch: $681.00 awarded to landlord; Lawns and Garden Work: $1,593.11 awarded to landlord; Storage: $2,880.00 awarded to landlord

What type of tenancy dispute was case 5487191?

The primary dispute was Property damage. Related themes: Cleanliness, Exemplary damages.

Where can I read the official tribunal order for case 5487191?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13840412-Tenancy_Tribunal_Order.pdf.

15 Cartvale Drive, Marshland, Christchurch 8051 Tenancy Tribunal Case 5487191 — Property damage

Tenantcheck Insights

Claims and awards in Tenancy Tribunal application 5487191 — net $12,734.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$890.00	Cleaning
Carpet Cleaning	$280.00	Carpet Cleaning
Cleaning: Remove perishables	$120.00	Cleaning: Remove perishables
Lock/key replacement: Re-key doors	$198.38	Lock/key replacement: Re-key doors
Lock/key replacement: Re-key access gates	$200.10	Lock/key replacement: Re-key access gates
Replace furnishings: Couch	$681.00	Replace furnishings: Couch
Meth testing/Cleaning	$1,632.19	Meth testing/Cleaning
Eviction warrant	$139.09	Eviction warrant
Rubbish removal: and lawn and garden work	$1,593.11	Rubbish removal: and lawn and garden work
Cleaning: heat pumps	$230.00	Cleaning: heat pumps
storage	$2,880.00	storage
Repairs: Cook top replacement - insurance excess	$750.00	Repairs: Cook top replacement - insurance excess
Repairs: Wall and paint damage	$1,644.50	Repairs: Wall and paint damage
Repairs: Vinyl Flooring	$468.00	Repairs: Vinyl Flooring
Filing fee reimbursement	$28.00	Filing fee reimbursement
Exemplary Damages - Unlawful Use of Premises	$1,000.00	Exemplary Damages - Unlawful Use of Premises
Net award	$12,734.37
Total payable by Tenant to Landlord	$12,734.37

Claims and awards in Tenancy Tribunal application 5487191 — net $12,734.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Cleaning

$890.00

Cleaning

Carpet Cleaning

$280.00

Carpet Cleaning

Cleaning: Remove perishables

$120.00

Cleaning: Remove perishables

Lock/key replacement: Re-key doors

$198.38

Lock/key replacement: Re-key doors

Lock/key replacement: Re-key access gates

$200.10

Lock/key replacement: Re-key access gates

Replace furnishings: Couch

$681.00

Replace furnishings: Couch

Meth testing/Cleaning

$1,632.19

Meth testing/Cleaning

Eviction warrant

$139.09

Eviction warrant

Rubbish removal: and lawn and garden work

$1,593.11

Rubbish removal: and lawn and garden work

Cleaning: heat pumps

$230.00

Cleaning: heat pumps

storage

$2,880.00

storage

Repairs: Cook top replacement - insurance excess

$750.00

Repairs: Cook top replacement - insurance excess

Repairs: Wall and paint damage

$1,644.50

Repairs: Wall and paint damage

Repairs: Vinyl Flooring

$468.00

Repairs: Vinyl Flooring

Filing fee reimbursement

$28.00

Filing fee reimbursement

Exemplary Damages - Unlawful Use of Premises

$1,000.00

Exemplary Damages - Unlawful Use of Premises

Net award

$12,734.37

Total payable by Tenant to Landlord

$12,734.37

Order

[The tenant/s] must pay Progressive Realty Limited As Agent For Rogelio & Zabra Estauo & Siwa $12,734.37 immediately, calculated as shown in table below. DescriptionLandlord Cleaning$890.00 Carpet Cleaning$280.00 Cleaning: Remove perishables$120.00 Lock/key replacement: Re-key doors$198.38 Lock/key replacement: Re-key access gates$200.10 Replace furnishings: Couch$681.00 Meth testing/Cleaning$1,632.19 Eviction warrant$139.09 Rubbish removal: and lawn and garden work$1,593.11 Cleaning: heat pumps$230.00 storage$2,880.00 Repairs: Cook top replacement - insurance excess$750.00 Repairs: Wall and paint damage$1,644.50 Repairs: Vinyl Flooring$468.00 Filing fee reimbursement$28.00 Exemplary Damages - Unlawful Use of Premises$1,000.00 Total award$12,734.37 Total payable by Tenant to Landlord$12,734.37

Reasons

Representatives of the landlord attended the hearing. The tenant did not attend.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

The tenancy was terminated by order of the Tribunal on 9 February 2026. The landlord was required to engage the bailiff to enforce the termination order on or about 2 March 2026. The tenant did not remove her belongings from the premises 7 April 2026.

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 did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant did not return the keys. The tenant removed a couch that was provided as a chattel with the premises.

The landlord provided extensive photographs and invoices to establish its claims for end of tenancy cleaning, rubbish removal, re-keying locks and chattel replacement. The amounts ordered were proved.

A tenant must also vacate the premises on the termination of the tenancy. See section 40(1)(e)(i) of the Residential Tenancies Act 1986.

Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 40(3A)(a) and Schedule 1A Residential Tenancies Act 1986.

The tenant did not vacate the premises as required by Order of the Tribunal. She did apply for a rehearing, which was ultimately declined. The landlord was required to engage the bailiff to obtain possession of the premises. The landlord also provided evidence of its attempts to communicate with the tenant and have her remove her belongings from the premises. The landlord provided photographs and an estimate of costs to remove and store the items. The landlord claimed four weeks rent in lieu of removal and storage. I consider that is appropriate. The removal and storage costs would have been more than the lost rental income during that period. I have made orders accordingly.

The Landlord also claimed exemplary damages for the tenant’s failure to vacate the premises. The tenant did not attend the hearing to explain why she did not vacate the premises. The decision in relation to her rehearing application refers to health and other issues.

Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.

In this instance, I am not satisfied that the tenant’s breach was intentional. I decline to award exemplary damages.

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 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.

The following damage was caused during the tenancy: cook top cracked, vinyl planking scratched, interior and exterior wall and paint damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord provided extensive in-going and out-going photographs to prove its claims. The amounts claimed only address the damage during the tenancy. The claim for replacement vinyl is only for the damaged planks (not the entire floor). The claim for painting is only for damage done by this tenant, not wear and tear and existing scuff marks. The amounts awarded are proved. Methamphetamine

The landlord claims the cost of methamphetamine testing and exemplary damages for unlawful use of the premises.

The landlord provided result of methamphetamine testing at the start of the tenancy. Those results were negative, no residue was detected.

At the end of the tenancy, the landlord identified drug utensils at the premises. Photographs were provided in evidence. As a result, the landlord obtained composite methamphetamine tests. Two composite tests were done; one with 6 samples and the other with 7. Those tests returned positive results with theoretical maximum readings of 33 micrograms per 100cm 2 for one test and

6 micrograms per 100cm 2 for the other.

The landlord arranged for individual testing of the samples in the composite tests. None of the results were above 15 micrograms per 100cm2. The landlord acknowledged that the readings did not amount to contamination of the premises.

However, the test results do establish methamphetamine use at the premises during the tenancy. That is unlawful. The landlord reasonably carried out testing when it became aware of the possibility of methamphetamine use and contamination. I award the initial composite test costs and the individual testing of those samples. I have not awarded post cleaning re-testing costs, as the premises were not deemed be contaminated.

The landlord also claimed exemplary damages for methamphetamine use at the premises. A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) Residential Tenancies Act 1986.

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 40(3A)(c) and Schedule 1A Residential Tenancies Act 1986.

Smoking methamphetamine is a deliberate or intentional action. I consider appropriate to award exemplary damages for this act and award $1,000.

As the landlord was the successful party, I also award reimbursement of the Tribunal application fee.

Claims and awards in Tenancy Tribunal application 5487191 — net $12,734.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$890.00	Cleaning
Carpet Cleaning	$280.00	Carpet Cleaning
Cleaning: Remove perishables	$120.00	Cleaning: Remove perishables
Lock/key replacement: Re-key doors	$198.38	Lock/key replacement: Re-key doors
Lock/key replacement: Re-key access gates	$200.10	Lock/key replacement: Re-key access gates
Replace furnishings: Couch	$681.00	Replace furnishings: Couch
Meth testing/Cleaning	$1,632.19	Meth testing/Cleaning
Eviction warrant	$139.09	Eviction warrant
Rubbish removal: and lawn and garden work	$1,593.11	Rubbish removal: and lawn and garden work
Cleaning: heat pumps	$230.00	Cleaning: heat pumps
storage	$2,880.00	storage
Repairs: Cook top replacement - insurance excess	$750.00	Repairs: Cook top replacement - insurance excess
Repairs: Wall and paint damage	$1,644.50	Repairs: Wall and paint damage
Repairs: Vinyl Flooring	$468.00	Repairs: Vinyl Flooring
Filing fee reimbursement	$28.00	Filing fee reimbursement
Exemplary Damages - Unlawful Use of Premises	$1,000.00	Exemplary Damages - Unlawful Use of Premises
Net award	$12,734.37
Total payable by Tenant to Landlord	$12,734.37

Claims and awards in Tenancy Tribunal application 5487191 — net $12,734.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Cleaning

$890.00

Cleaning

Carpet Cleaning

$280.00

Carpet Cleaning

Cleaning: Remove perishables

$120.00

Cleaning: Remove perishables

Lock/key replacement: Re-key doors

$198.38

Lock/key replacement: Re-key doors

Lock/key replacement: Re-key access gates

$200.10

Lock/key replacement: Re-key access gates

Replace furnishings: Couch

$681.00

Replace furnishings: Couch

Meth testing/Cleaning

$1,632.19

Meth testing/Cleaning

Eviction warrant

$139.09

Eviction warrant

Rubbish removal: and lawn and garden work

$1,593.11

Rubbish removal: and lawn and garden work

Cleaning: heat pumps

$230.00

Cleaning: heat pumps

storage

$2,880.00

storage

Repairs: Cook top replacement - insurance excess

$750.00

Repairs: Cook top replacement - insurance excess

Repairs: Wall and paint damage

$1,644.50

Repairs: Wall and paint damage

Repairs: Vinyl Flooring

$468.00

Repairs: Vinyl Flooring

Filing fee reimbursement

$28.00

Filing fee reimbursement

Exemplary Damages - Unlawful Use of Premises

$1,000.00

Exemplary Damages - Unlawful Use of Premises

Net award

$12,734.37

Total payable by Tenant to Landlord

$12,734.37

Order

Reasons

Representatives of the landlord attended the hearing. The tenant did not attend.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

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

A tenant must also vacate the premises on the termination of the tenancy. See section 40(1)(e)(i) of the Residential Tenancies Act 1986.

In this instance, I am not satisfied that the tenant’s breach was intentional. I decline to award exemplary damages.

Is the tenant responsible for the damage to the premises?

The landlord claims the cost of methamphetamine testing and exemplary damages for unlawful use of the premises.

The landlord provided result of methamphetamine testing at the start of the tenancy. Those results were negative, no residue was detected.

6 micrograms per 100cm 2 for the other.

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 40(3A)(c) and Schedule 1A Residential Tenancies Act 1986.

Smoking methamphetamine is a deliberate or intentional action. I consider appropriate to award exemplary damages for this act and award $1,000.

As the landlord was the successful party, I also award reimbursement of the Tribunal application fee.

Tenancy Tribunal case 5487191 — Property damage at 15 Cartvale Drive, Marshland, Christchurch 8051

At a glance

Tenancy Tribunal case 5487191 — Property damage at 15 Cartvale Drive, Marshland, Christchurch 8051

At a glance

Award balance

Claims & awards

Order

Reasons

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

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