Tenantcheck Insights · Case study
Tenancy Tribunal case 5347761 — Property damage at 50 Gloucester Street, Cannons Creek, Porirua 5024
Published 3 April 2026 · Application 5347761
- Property damage
- Cleanliness
- Smoke alarms
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Porirua
Tribunal region
Adjudicator
K Koller
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $2,049.65
- Total balance for Tenant to pay Landlord
- $2,049.65
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Repair balustrade | $35.00 | Repair balustrade | |
| Carpet Cleaning: and deoderising | $195.00 | Carpet Cleaning: and deoderising | |
| Replace broken door handles and axel | $79.00 | Replace broken door handles and axel | |
| Replace missing shower door handles | $45.00 | Replace missing shower door handles | |
| Replace smoke alarms: missing | $9.15 | Replace smoke alarms: missing | |
| Relace missing curtains - bedroom 3 less depreciation | $60.00 | Relace missing curtains - bedroom 3 less depreciation | |
| Replace missing curtains - kitchen less depreciation | $19.00 | Replace missing curtains - kitchen less depreciation | |
| Repairs to walls and doors throughout the house | $155.00 | Repairs to walls and doors throughout the house | |
| Repairs to the garage roller door | $35.00 | Repairs to the garage roller door | |
| Replace damaged garage door locks | $103.50 | Replace damaged garage door locks | |
| Replacement garage door remote | $300.00 | Replacement garage door remote | |
| Rubbish removal: transport and tip fees | $486.00 | Rubbish removal: transport and tip fees | |
| Labour for all the work | $500.00 | Labour for all the work | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $2,049.65 | ||
| Total payable by Tenant to Landlord | $2,049.65 |
Claims and awards for application 5347761 — net $2,049.65 NZD. Verify on MoJ.
Repair balustrade
- Amount
- $35.00
- Awarded to
- Landlord
- Reason
- Repair balustrade
Carpet Cleaning: and deoderising
- Amount
- $195.00
- Awarded to
- Landlord
- Reason
- Carpet Cleaning: and deoderising
Replace broken door handles and axel
- Amount
- $79.00
- Awarded to
- Landlord
- Reason
- Replace broken door handles and axel
Replace missing shower door handles
- Amount
- $45.00
- Awarded to
- Landlord
- Reason
- Replace missing shower door handles
Replace smoke alarms: missing
- Amount
- $9.15
- Awarded to
- Landlord
- Reason
- Replace smoke alarms: missing
Relace missing curtains - bedroom 3 less depreciation
- Amount
- $60.00
- Awarded to
- Landlord
- Reason
- Relace missing curtains - bedroom 3 less depreciation
Replace missing curtains - kitchen less depreciation
- Amount
- $19.00
- Awarded to
- Landlord
- Reason
- Replace missing curtains - kitchen less depreciation
Repairs to walls and doors throughout the house
- Amount
- $155.00
- Awarded to
- Landlord
- Reason
- Repairs to walls and doors throughout the house
Repairs to the garage roller door
- Amount
- $35.00
- Awarded to
- Landlord
- Reason
- Repairs to the garage roller door
Replace damaged garage door locks
- Amount
- $103.50
- Awarded to
- Landlord
- Reason
- Replace damaged garage door locks
Replacement garage door remote
- Amount
- $300.00
- Awarded to
- Landlord
- Reason
- Replacement garage door remote
Rubbish removal: transport and tip fees
- Amount
- $486.00
- Awarded to
- Landlord
- Reason
- Rubbish removal: transport and tip fees
Labour for all the work
- Amount
- $500.00
- Awarded to
- Landlord
- Reason
- Labour for all the work
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $2,049.65
Total payable by Tenant to Landlord
Landlord $2,049.65
Dismissed claims
- An Extra Week Of Rent
- Property Damage — because net curtains only last a year or two and this tenancy lasted two and a half years. Is the tenant responsible for the damage to the premises?
Claim types — money lines allowed on this order
Order
- Nicholas Pearson must pay Vaughan Cox $2,049.65 immediately, calculated as shown in table below.
- All other claims are dismissed.
Reasons
- Both parties attended the hearing. The order is made in Mr Cox’s name because he is named on the tenancy agreement.
- The landlord has applied for rent arrears, compensation, the reasonable expenses of finding a new tenant, and reimbursement of the filing fee following the end of the tenancy. The guarantor
- At the end of the hearing the landlord asked that I make the order against the tenant and the guarantor. The guarantor signed a document in 2022 and I was provided with a copy of that at the hearing as well. The problem with this request is that the guarantor should have been served with the application and giving the opportunity to attend the hearing and defend the claim. The landlord did not complete the guarantor part of the application form and he did not provide a copy of the guarantor form to Tenancy Services. This means the guarantor has not been served, the hearing has been completed and it is too late to add her to the order now. The extra week of rent
- There is a mediated order under application 5323071 which was sealed on 9 September 2025. This records 9 September 2025 as the last day of the tenancy. The landlord has claimed another week of rent but I have been provided with photos taken on 10 September 2025 and the tenant had already moved out. The claim for an extra week of rent is dismissed.
- The landlord’s request that I incorporate the mediated order with this one is not possible because the tenant is paying $100 a week towards the mediated rent arrears order. The reasonable costs because the fixed term ended early
- The landlord has claimed the recovery of expenses incurred by the landlord because the fixed term tenancy ended earlier than agreed. This is allowed by section 44A Residential Tenancies Act 1986 (RTA). The landlord provided an invoice and the expenses looked reasonable. However, when I had another look at the document extending the fixed term tenancy the fixed term ended on 7 February 2025. The landlord has not proved the fixed tern tenancy ended early and so the reasonable costs cannot be claimed from the tenant. This claim is dismissed.
Did the tenant comply with his 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) RTA.
- This is the landlord’s claim to prove. He provided good photos showing the tenant did not leave the carpets reasonably clean, and did not remove all the rubbish.
- The garage door locks were broken and the remote was not returned. The tenant also removed curtains and a smoke alarm.
- The amounts ordered are proved. I have depreciated the curtains to take wear and tear into account.
- The claim for replacement net curtains is dismissed because net curtains only last a year or two and this tenancy lasted two and a half years.
Is the tenant responsible for the damage to the premises?
- There is a claim for damage. The 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.
- The landlord has proved that the damage set out in the table was caused during the tenancy. I have seen photos and I am satisfied the damage is more than fair wear and tear. The tenant has not disproved liability for the damage. The amounts ordered are proved.
- I have taken 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 or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
- The landlord has not proved the weather board was damage during the tenancy and I am not persuaded the damage is more than fair wear and tear. This claim is dismissed.
- The amount claimed for the missing door stop is not proved and the claim is dismissed.
- The claims for replacement carpet in bedroom 1 and for repairs to the carpet in bedroom 2 and the hall are dismissed. The photos do not show significant damage in the bedrooms and the tenancy could have been rented again without replacing the carpet and patching. The photo for the hall repair is not clear enough for me to make a decision.
- I have allowed an amount for labour that seems reasonable to me, taking the claims that I have dismissed into account. Other orders
- Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s19, s40(1), s40(2), s44A, s9
Key findings
- Dispute theme: property damage
- Dispute theme: cleaning
- Dispute theme: smoke alarms
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5347761?
The tribunal order states: Nicholas Pearson must pay Vaughan Cox $2,049.65 immediately, calculated as
How much money was awarded in case 5347761?
Cleaning: $195.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Labour For All The Work: $500.00 awarded to landlord; Property Damage: $35.00 awarded to landlord; Property Damage: $35.00 awarded to landlord; Property Damage: $103.50 awarded to landlord; Property Damage: $300.00 awarded to landlord; Relace Missing Curtains - Bedroom 3…: $60.00 awarded to landlord; Replace Broken Door Handles And Axel: $79.00 awarded to landlord; Replace Missing Curtains - Kitchen L…: $19.00 awarded to landlord; Replace Missing Shower Door Handles: $45.00 awarded to landlord; Smoke Alarms: $9.15 awarded to landlord; Rubbish Removal: $486.00 awarded to landlord; Walls and Doors: $155.00 awarded to landlord
What type of tenancy dispute was case 5347761?
The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.
Where can I read the official tribunal order for case 5347761?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13356813-Tribunal_Order.pdf.