Tenantcheck Insights · Case study
Tenancy Tribunal case 5378441 — Property damage at Unit/Flat Flat 5, 8 Purser Crescent, Witherlea, Blenheim
Decided 18 February 2026 · Published 18 February 2026 · Application 5378441
Landlord favoured
- Property damage
- Rent arrears
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Blenheim
Tribunal region
Adjudicator
J Northwood
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $5,212.00
- Total balance for Tenant to pay Landlord
- $5,212.00
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 3 February 2026 | $2,130.00 | Rent arrears to 3 February 2026 | |
| Repairs: Broken front door | $477.00 | Repairs: Broken front door | |
| Lock/key replacement: Broken lock | $40.00 | Lock/key replacement: Broken lock | |
| Repairs: Carpet replacement 50 | $1,095.00 | Repairs: Carpet replacement 50 | |
| Repairs: Rewallpaper 50 | $815.00 | Repairs: Rewallpaper 50 | |
| Replace net curtains | $40.00 | Replace net curtains | |
| Cleaning | $500.00 | Cleaning | |
| Rubbish removal: tip fees | $41.00 | Rubbish removal: tip fees | |
| Replace stolen council rubbish bin | $74.00 | Replace stolen council rubbish bin | |
| Net award | $5,212.00 | ||
| Total payable by Tenant to Landlord | $5,212.00 |
Claims and awards for application 5378441 — net $5,212.00 NZD. Verify on MoJ.
Rent arrears to 3 February 2026
- Amount
- $2,130.00
- Awarded to
- Landlord
- Reason
- Rent arrears to 3 February 2026
Repairs: Broken front door
- Amount
- $477.00
- Awarded to
- Landlord
- Reason
- Repairs: Broken front door
Lock/key replacement: Broken lock
- Amount
- $40.00
- Awarded to
- Landlord
- Reason
- Lock/key replacement: Broken lock
Repairs: Carpet replacement 50
- Amount
- $1,095.00
- Awarded to
- Landlord
- Reason
- Repairs: Carpet replacement 50
Repairs: Rewallpaper 50
- Amount
- $815.00
- Awarded to
- Landlord
- Reason
- Repairs: Rewallpaper 50
Replace net curtains
- Amount
- $40.00
- Awarded to
- Landlord
- Reason
- Replace net curtains
Cleaning
- Amount
- $500.00
- Awarded to
- Landlord
- Reason
- Cleaning
Rubbish removal: tip fees
- Amount
- $41.00
- Awarded to
- Landlord
- Reason
- Rubbish removal: tip fees
Replace stolen council rubbish bin
- Amount
- $74.00
- Awarded to
- Landlord
- Reason
- Replace stolen council rubbish bin
Net award
Landlord $5,212.00
Total payable by Tenant to Landlord
Landlord $5,212.00
Claim types — money lines allowed on this order
Order
- Lillian Campbell must pay Russell Ernest Hyslop and Jill Elizabeth Hyslop as Trustees for The Hyslop Family Trust $5,212.00 immediately, being rent arrears to 3 February 2026 and compensation, as calculated and shown in table below: DescriptionLandlord Rent arrears to 3 February 2026$2,130.00 Repairs: Broken front door$477.00 Lock/key replacement: Broken lock$40.00 Repairs: Carpet replacement 50%$1,095.00 Repairs: Rewallpaper 50%$815.00 Replace net curtains$40.00 Cleaning$500.00 Rubbish removal: tip fees$41.00 Replace stolen council rubbish bin$74.00 Total award$5,212.00 Total payable by Tenant to Landlord$5,212.00
Reasons
- The landlord attended the hearing, the tenant did not attend. I rang the tenant twice on her mobile number, but all calls were immediately disconnected. The tenant was advised of the hearing date and time and has not communicated with the Tribunal seeking an adjournment. I am proceeding with the hearing in the absence of the tenant.
- This is the second hearing of this claim. On 19 December 2025 I ordered termination of the tenancy for 11.59pm on 22 December 2025, rent arrears to that date, refund of the bond and reimbursement of the filing fee.
- The tenant did not leave the premises until the bailiff executed an eviction on 3 February 2026. The landlord seeks rent arrears to that date as the tenant paid no rent during the period from 22 December 2025 to 3 February 2026.
- In addition to the rent arrears the landlord seeks to recover the vacated costs incurred as a result of this tenancy.
How much is owed for rent?
- The tenancy ended on 3 February 2026 after the bailiff evicted the tenants. The landlord provided rent records which prove the amount of $2130.00 owing at the end of the tenancy.
- I am satisfied that the landlord has proven their claim for the rent arrears.
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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1) (ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
- The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
- The landlord provided the Tribunal with exit photos and invoices for the costs to remedy the condition of the property at the end of the tenancy.
- The photos show the property was left in a dirty condition, with rubbish left that the landlord had to dispose of. The cost of the cleaning was $500.00, and the tip fees were $41.00.
- The tenant also took the council rubbish bin for the property. The neighbour saw the tenants removing the bin. The tenant has been asked to return it but has failed to do so. The landlord had to purchase a new bin from the council for the new tenants.
- The landlord provided an invoice for the cost of the replacement bin. The bin was $74.00 to replace.
- I am satisfied that the landlord has proven their claim for the cleaning, replacement rubbish bin and rubbish removal costs.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
- 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: -A bedroom had large sections of the wallpaper torn off the walls. -The net curtain in the bedroom were also ripped and torn in half. -The front door was smashed. -The front door lock was broken. -Carpets were heavily stained and damaged.
- The landlord stated that the carpet in the property was only 18 months old when the tenant moved in. The carpet was heavily stained and damaged and beyond repair. The landlord provided photos of the terrible state of the carpet.
- The landlord is seeking to claim for part of the replacement costs of the carpet in the lounge. The total cost to replace this section of the carpet was $2190.00. However, the landlord is accepting that depreciation is applicable and is only claiming $1095.00 which is 50% of the actual replacement cost.
- The tenant kept a dog in the house and the landlord believes that the dog is responsible for damage to the carpet and the wallpaper in the bedroom.
- The bedroom had been repainted and wallpapered 18 months before the start of the tenancy. The photos of the bedroom show that the wallpaper had been torn off from most of the walls in the room.
- The landlord advised that the cost to re-wallpaper the room is $1630.00 and has provided the invoice for the cost of the work. The landlord is only claiming 50%, which is $815.00 for the cost of the work.
- The net curtains in the bedroom were torn in half. They were 18 months old at the start of the tenancy. The landlord has provided an invoice for $40.00 to replace the net curtain.
- During the tenancy, the tenant broke the front door twice. On both occasions it was because one person staying at the property had broken in as they had been locked out. One the first occasion the front door was smashed in, and the landlord had to have that repaired. The cost of that repair was $477.00. On the second occasion the tenant smashed the front door lock to get in. The landlord fixed the lock himself and provided an invoice for the cost of the lock.
- The landlord provided photos of the damage to the front door.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- I am satisfied that the landlord has proven all the vacated costs, and the amounts ordered are proved.
- The landlord has taken into account betterment and depreciation when claim for the wallpaper and carpet costs. 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.
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, s49B(3), s49B(3A), s50
Key findings
- Dispute theme: rent arrears
- Dispute theme: property damage
- Dispute theme: cleaning
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5378441?
The tribunal order states: Lillian Campbell must pay Russell Ernest Hyslop and Jill Elizabeth Hyslop as
How much money was awarded in case 5378441?
Cleaning: $500.00 awarded to landlord; Property Damage: $40.00 awarded to landlord; Rent Arrears: $2,130.00 awarded to landlord; Broken Front Door: $477.00 awarded to landlord; Property Damage: $1,095.00 awarded to landlord; Rewallpaper 50: $815.00 awarded to landlord; Replace Net Curtains: $40.00 awarded to landlord; Replace Stolen Council Rubbish Bin: $74.00 awarded to landlord; Rubbish Removal: $41.00 awarded to landlord
What type of tenancy dispute was case 5378441?
The primary dispute was Property damage. Related themes: Rent arrears, Cleanliness.
Where can I read the official tribunal order for case 5378441?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13142833-Tribunal_Order.pdf.