Tenantcheck Insights · Case study
Tenancy Tribunal case 5366326 — Rent arrears at 560 Main North Road, Belfast, Christchurch 8051
Published 4 February 2026 · Application 5366326
Landlord favoured
- Rent arrears
- Property damage
- Cleanliness
- Exemplary damages
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Christchurch
Tribunal region
Adjudicator
R Morgan
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $9,653.12
- Bond payment as ordered
- −$2,380.00
- Total balance for Tenant to pay Landlord
- $7,273.12
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears (to 26 November 2025 | $3,994.00 | Rent arrears (to 26 November 2025 | |
| Cleaning | $482.00 | Cleaning | |
| Carpet Cleaning | $550.00 | Carpet Cleaning | |
| Rubbish removal | $990.00 | Rubbish removal | |
| Lawns and Garden work | $172.00 | Lawns and Garden work | |
| Lock/key replacement | $296.70 | Lock/key replacement | |
| Window repairs | $288.65 | Window repairs | |
| Repairs: Power Connection & Certification | $811.35 | Repairs: Power Connection & Certification | |
| Repairs: Painting | $1,540.42 | Repairs: Painting | |
| Exemplary Damages | $500.00 | Exemplary Damages | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $7,273.12 | ||
| Total payable by Tenant to Landlord | $7,273.12 |
Claims and awards for application 5366326 — net $7,273.12 NZD. Verify on MoJ.
Rent arrears (to 26 November 2025
- Amount
- $3,994.00
- Awarded to
- Landlord
- Reason
- Rent arrears (to 26 November 2025
Cleaning
- Amount
- $482.00
- Awarded to
- Landlord
- Reason
- Cleaning
Carpet Cleaning
- Amount
- $550.00
- Awarded to
- Landlord
- Reason
- Carpet Cleaning
Rubbish removal
- Amount
- $990.00
- Awarded to
- Landlord
- Reason
- Rubbish removal
Lawns and Garden work
- Amount
- $172.00
- Awarded to
- Landlord
- Reason
- Lawns and Garden work
Lock/key replacement
- Amount
- $296.70
- Awarded to
- Landlord
- Reason
- Lock/key replacement
Window repairs
- Amount
- $288.65
- Awarded to
- Landlord
- Reason
- Window repairs
Repairs: Power Connection & Certification
- Amount
- $811.35
- Awarded to
- Landlord
- Reason
- Repairs: Power Connection & Certification
Repairs: Painting
- Amount
- $1,540.42
- Awarded to
- Landlord
- Reason
- Repairs: Painting
Exemplary Damages
- Amount
- $500.00
- Awarded to
- Landlord
- Reason
- Exemplary Damages
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $7,273.12
Total payable by Tenant to Landlord
Landlord $7,273.12
Claim types — money lines allowed on this order
Order
- Jessica Rose Mullins must pay Bespoke Property Management Limited As Agent For Robert Van Nobelen As Trustee For Cone And Nobelen Family Trust $7,273.12 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (to 26 November 2025)$3,994.00 Cleaning$482.00 Carpet Cleaning$550.00 Rubbish removal$990.00 Lawns and Garden work$172.00 Lock/key replacement$296.70 Window repairs$288.65 Repairs: Power Connection & Certification$811.35 Repairs: Painting$1,540.42 Exemplary Damages$500.00 Filing fee reimbursement$28.00 Total award$9,653.12 Bond$2,380.00 Total payable by Tenant to Landlord$7,273.12
- The Bond Centre is to pay the bond of $2,380.00 (6555588-001) to Bespoke Property Management Limited As Agent For Robert Van Nobelen As Trustee For Cone And Nobelen Family Trust immediately.
Reasons
- A representative of the landlord attended the hearing. The tenant did not attend.
- The landlord has applied for rent arrears, compensation, exemplary damages. refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
- The tenancy ended on 23 November 2025, and the tenant provided possession on 26 November 2025. The landlord provided rent records invoices which prove the amount owing to 26 November 2025.
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 had not done the lawns and gardens and did not return all keys. The landlord provided photographs and receipts to support its claims. 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.
- The following damage was caused during the tenancy: windows were broken, walls/paintwork was damaged, and the power supply was tampered with to by- pass the meter. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The landlord provided in-going and out-going photographs, invoices and quotes for repairs and oral evidence of the condition of the property and re-routing of the power supply. I have taken into account depreciation and general wear and tear in relation to the painting claims. I have award 75% of the amount claimed. Exemplary Damages
- The landlord claims that the tenant did not vacate the premises on 23 November, the date the tenancy ended.
- A tenant must 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 asked for a couple of extra days to vacate, on the understanding that she would complete the cleaning required and hand the premises over in a reasonable condition. She did not. The landlord took possession 3 days later, with the premises in a poor condition. I find that the tenant has committed an unlawful act.
- 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.
- I was not persuaded that it reasonable to award exemplary damages for this breach. The delay of 3 days (including a Sunday) is minor. I do not have evidence of intent. This claim is dismissed.
- The landlord also claims that the tenant has used the premises unlawfully, by cultivating, using or possessing illicit substances. 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. It is an offence under the Misuse of Drugs Act 1975 to use, possess or cultivate illegal drugs.
- The landlord provided photographs and evidence of drug paraphernalia at the premises. Marijuana plants and other implements were collected by Police at the end of the tenancy.
- 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.
- The evidence establishes that it is more likely than not that the tenant has committed an unlawful act by using the premises for an unlawful purpose.
- 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.
- Drug use, possession and cultivation is a deliberate or intentional action. It is apparent (from the photographs of discarded needles and other implements) that this breach has contributed to the condition of the property at the end of the tenancy. However, the evidence did not establish the extent of the breach 1 , so I have awarded modest exemplary damages of $500.
- As the landlord was the successful party, I have also awarded reimbursement of the Tribunal application fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s109(3), s40(1), s40(2), s40(3A), s9
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 5366326?
The tribunal order states: Jessica Rose Mullins must pay Bespoke Property Management Limited As
How much money was awarded in case 5366326?
Cleaning: $550.00 awarded to landlord; Cleaning: $482.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $172.00 awarded to landlord; Property Damage: $296.70 awarded to landlord; Property Damage: $288.65 awarded to landlord; Rent Arrears: $3,994.00 awarded to landlord; Painting: $1,540.42 awarded to landlord; Power Connection & Certification: $811.35 awarded to landlord; Rubbish Removal: $990.00 awarded to landlord
What type of tenancy dispute was case 5366326?
The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness, Exemplary damages.
Where can I read the official tribunal order for case 5366326?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13072004-Tenancy_Tribunal_Order.pdf.