Tenantcheck Insights · Case study
Tenancy Tribunal case 5385498 — Rent arrears at 149 Teviot Street, Appleby, Invercargill 9812
Published 30 January 2026 · Application 5385498
Landlord favoured
- Rent arrears
- Cleanliness
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Invercargill
Tribunal region
Adjudicator
S Munro
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $3,358.81
- Bond payment as ordered
- −$1,880.00
- Total balance for Tenant to pay Landlord
- $1,478.81
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears | $800.00 | Rent arrears | |
| Cleaning | $550.00 | Cleaning | |
| Rubbish removal | $730.56 | Rubbish removal | |
| Lino repairs in bathroom | $500.25 | Lino repairs in bathroom | |
| Bedroom carpet | $750.00 | Bedroom carpet | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $1,478.81 | ||
| Total payable by Tenant to Landlord | $1,478.81 |
Claims and awards for application 5385498 — net $1,478.81 NZD. Verify on MoJ.
Rent arrears
- Amount
- $800.00
- Awarded to
- Landlord
- Reason
- Rent arrears
Cleaning
- Amount
- $550.00
- Awarded to
- Landlord
- Reason
- Cleaning
Rubbish removal
- Amount
- $730.56
- Awarded to
- Landlord
- Reason
- Rubbish removal
Lino repairs in bathroom
- Amount
- $500.25
- Awarded to
- Landlord
- Reason
- Lino repairs in bathroom
Bedroom carpet
- Amount
- $750.00
- Awarded to
- Landlord
- Reason
- Bedroom carpet
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $1,478.81
Total payable by Tenant to Landlord
Landlord $1,478.81
Claim types — money lines allowed on this order
Order
- Hayley Myrtle Lee Russell must pay Pride Property Management Ltd As Agent For Pojo Investment C/O Polikalepo Tuaileva And Joann Culubong $1,478.81 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $1,880.00 (6500896-006) to Pride Property Management Ltd As Agent For Pojo Investment C/O Polikalepo Tuaileva And Joann Culubong immediately.
Reasons
- On the morning of the hearing the tenant contacted the call centre stating she would not be attending the hearing due to ill health. Attempts were made to have her connected by phone. She advised via email that her phone did not work and she apologised as would not be taking part in the hearing.
- She was advised that the hearing would continue in her absence, the landlord is required to establish his claim, and if required she may use the options available to her following the hearing.
- The landlord applied for rent arrears, compensation, 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 6 November 2025. The evidence is clear that the rent is outstanding. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy
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. This is shown in the photo evidence submitted and it is clear that the costs sought for the clean up are proven.
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:
- There was damage to the lino flooring in the bathroom. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount claimed is less that the insurance excess and therefore the tenant is liable for the amount claimed.
- The amount ordered is therefore proven.
- In relation to the damage to the bedroom carpet. This was significantly stained and cleaning it did not remove the stains. The costs to repair and claimed is in excess of the landlords insurance excess. Therefore, I am only ordering the amount of the insurance excess.
- 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.
- Because Pride Property Management Ltd As Agent For Pojo Investment C/O Polikalepo Tuaileva And Joann Culubong has wholly succeeded with the claim I must reimburse the filing fee.
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(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 5385498?
The tribunal order states: Hayley Myrtle Lee Russell must pay Pride Property Management Ltd As Agent
How much money was awarded in case 5385498?
Bedroom Carpet: $750.00 awarded to landlord; Cleaning: $550.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $500.25 awarded to landlord; Rent Arrears: $800.00 awarded to landlord; Rubbish Removal: $730.56 awarded to landlord
What type of tenancy dispute was case 5385498?
The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.
Where can I read the official tribunal order for case 5385498?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13048977-Tenancy_Tribunal_Order.pdf.