Tenantcheck Insights · Case study
Tenancy Tribunal case 5350424 — Rent arrears at 137A Pope Street, Camborne, Porirua 5026
Published 25 February 2026 · Application 5350424
- Rent arrears
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Porirua
Tribunal region
Adjudicator
K Stirling
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $3,089.45
- Total balance for Tenant to pay Landlord
- $3,089.45
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears balance as at 30.6.2025 after bond refund | $1,260.00 | Rent arrears balance as at 30.6.2025 after bond refund | |
| Cleaning | $186.12 | Cleaning | |
| Rubbish removal | $531.78 | Rubbish removal | |
| Lock/key replacement | $308.55 | Lock/key replacement | |
| Replacement carpet to cover burn marks | $200.00 | Replacement carpet to cover burn marks | |
| Painting over graffiti in garage | $575.00 | Painting over graffiti in garage | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $3,089.45 | ||
| Total payable by Tenant to Landlord | $3,089.45 |
Claims and awards for application 5350424 — net $3,089.45 NZD. Verify on MoJ.
Rent arrears balance as at 30.6.2025 after bond refund
- Amount
- $1,260.00
- Awarded to
- Landlord
- Reason
- Rent arrears balance as at 30.6.2025 after bond refund
Cleaning
- Amount
- $186.12
- Awarded to
- Landlord
- Reason
- Cleaning
Rubbish removal
- Amount
- $531.78
- Awarded to
- Landlord
- Reason
- Rubbish removal
Lock/key replacement
- Amount
- $308.55
- Awarded to
- Landlord
- Reason
- Lock/key replacement
Replacement carpet to cover burn marks
- Amount
- $200.00
- Awarded to
- Landlord
- Reason
- Replacement carpet to cover burn marks
Painting over graffiti in garage
- Amount
- $575.00
- Awarded to
- Landlord
- Reason
- Painting over graffiti in garage
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $3,089.45
Total payable by Tenant to Landlord
Landlord $3,089.45
Claim types — money lines allowed on this order
Order
- Frances Mary Nash must pay Just Property Management Limited As Agent For Craig Hill Trustee Of Clouds Hill Trust $3,089.45 immediately, calculated as shown in the table below.
Reasons
- The landlord attended the hearing represented by Ms Breidenbach and Mr Moran. There was no attendance by the tenant.
- The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
- The tenancy ended on 30 June 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy after refund of the bond to the landlord.
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 (RTA.
- The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish as shown in the entry and exit inspection photos produced in evidence at the hearing.
- The tenant did not return all the keys.
- The amounts ordered are proved.
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.
- 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 following damage was caused during the tenancy: Burn marks on the carpet in the lounge and black painted graffiti on the garage walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The carpet was new at the start of the tenancy and the landlord has remedied the issue by purchasing a smaller off cut of carpet to place over the burn marks. The black graffiti was painted over.
- The amounts ordered are proved.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s40(2), s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: rent arrears
- Dispute theme: cleaning
- Dispute theme: property damage
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5350424?
The tribunal order states: Frances Mary Nash must pay Just Property Management Limited As Agent For
How much money was awarded in case 5350424?
Cleaning: $186.12 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Painting Over Graffiti In Garage: $575.00 awarded to landlord; Property Damage: $308.55 awarded to landlord; Property Damage: $200.00 awarded to landlord; Rent Arrears: $1,260.00 awarded to landlord; Rubbish Removal: $531.78 awarded to landlord
What type of tenancy dispute was case 5350424?
The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.
Where can I read the official tribunal order for case 5350424?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13188072-Tenancy_Tribunal_Order.pdf.