What was the outcome of Tenancy Tribunal case 5392365?

The tribunal order states: The Bond Centre is to pay the bond of $1,920.00 (5586488-005) to Rent South

How much money was awarded in case 5392365?

Cleaning: $148.50 awarded to landlord; Rubbish Removal: $601.04 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Insured Loss (Insurance Payout: $3,189.07 awarded to tenant; Property Damage: $105.00 awarded to landlord; Rent Credit As At 5 Feb 2026 (Actual…: $448.57 awarded to tenant; Property Damage: $1,430.00 awarded to landlord; lounge, bedroom 3 and bedroom 4 carp…: $4,430.00 awarded to landlord; Painting: $3,978.89 awarded to landlord

What type of tenancy dispute was case 5392365?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5392365?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13517299-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5392365?

The tribunal order states: The Bond Centre is to pay the bond of $1,920.00 (5586488-005) to Rent South

How much money was awarded in case 5392365?

Cleaning: $148.50 awarded to landlord; Rubbish Removal: $601.04 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Insured Loss (Insurance Payout: $3,189.07 awarded to tenant; Property Damage: $105.00 awarded to landlord; Rent Credit As At 5 Feb 2026 (Actual…: $448.57 awarded to tenant; Property Damage: $1,430.00 awarded to landlord; lounge, bedroom 3 and bedroom 4 carp…: $4,430.00 awarded to landlord; Painting: $3,978.89 awarded to landlord

What type of tenancy dispute was case 5392365?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5392365?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13517299-Tribunal_Order.pdf.

29 Rodney Street, Georgetown, Invercargill 9812 Tenancy Tribunal Case 5392365 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5392365 — net $5,163.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning: and rubbish removal	$601.04		Cleaning: and rubbish removal
Carpet Cleaning	$148.50		Carpet Cleaning
Lock/key replacement	$105.00		Lock/key replacement
Repairs: painting	$3,978.89		Repairs: painting
Repairs: front hall carpet replacement	$1,430.00		Repairs: front hall carpet replacement
Repairs: lounge, bedroom 3 and bedroom 4 carpet	$4,430.00		Repairs: lounge, bedroom 3 and bedroom 4 carpet
Filing fee reimbursement	$28.00		Filing fee reimbursement
Rent credit as at 5 Feb 2026 (actual date of vacation		$448.57	Rent credit as at 5 Feb 2026 (actual date of vacation
Insured loss (insurance payout		$3,189.07	Insured loss (insurance payout
Total award	$10,721.43	$3,637.64
Net award	$5,163.79
Total payable by Tenant to Landlord	$5,163.79

The Bond Centre is to pay the bond of $1,920.00 (5586488-005) to Rent South Limited As Agent For James Manlapid immediately.

Kelsie Ray Mona Te Moananui and Neville Craig Nicholson must pay Rent South Limited As Agent For James Manlapid $5,163.79 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,920.00 (5586488-005) to Rent South Limited As Agent For James Manlapid immediately.

Reasons

Only the landlord and their property manager attended today’s hearing.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations and compensation and damages.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

The tenant has breached their obligations by damaging the premises, in particular the walls and carpets of the property.

The landlord served a 14-day notice on the tenant, and the tenant did not remedy the breach within the required period.

It would be inequitable to refuse to terminate the tenancy because of the nature and extent of the damage caused by the tenant’s child or children.

On 15 January 2026, I gave the tenant 2 weeks to vacate, and order possession to be handed back on 29 January 2026.

The property was eventually returned to the landlord on 5 February 2026. The rent is therefore charged to that date. Rent was in credit of $448.57 on 5 February 2026.

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 did not return all of 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.

The walls and carpets were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have taken into account the landlord’s insurance payout and applied it against the wall painting and carpet replacement costs sought by the landlord pursuant to section 49B(3)(a) RTA.

Claims and awards in Tenancy Tribunal application 5392365 — net $5,163.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning: and rubbish removal	$601.04		Cleaning: and rubbish removal
Carpet Cleaning	$148.50		Carpet Cleaning
Lock/key replacement	$105.00		Lock/key replacement
Repairs: painting	$3,978.89		Repairs: painting
Repairs: front hall carpet replacement	$1,430.00		Repairs: front hall carpet replacement
Repairs: lounge, bedroom 3 and bedroom 4 carpet	$4,430.00		Repairs: lounge, bedroom 3 and bedroom 4 carpet
Filing fee reimbursement	$28.00		Filing fee reimbursement
Rent credit as at 5 Feb 2026 (actual date of vacation		$448.57	Rent credit as at 5 Feb 2026 (actual date of vacation
Insured loss (insurance payout		$3,189.07	Insured loss (insurance payout
Total award	$10,721.43	$3,637.64
Net award	$5,163.79
Total payable by Tenant to Landlord	$5,163.79

Order

The Bond Centre is to pay the bond of $1,920.00 (5586488-005) to Rent South Limited As Agent For James Manlapid immediately.
Kelsie Ray Mona Te Moananui and Neville Craig Nicholson must pay Rent South Limited As Agent For James Manlapid $5,163.79 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,920.00 (5586488-005) to Rent South Limited As Agent For James Manlapid immediately.

Reasons

Only the landlord and their property manager attended today’s hearing.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations and compensation and damages.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
The tenant has breached their obligations by damaging the premises, in particular the walls and carpets of the property.
The landlord served a 14-day notice on the tenant, and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because of the nature and extent of the damage caused by the tenant’s child or children.
On 15 January 2026, I gave the tenant 2 weeks to vacate, and order possession to be handed back on 29 January 2026.
The property was eventually returned to the landlord on 5 February 2026. The rent is therefore charged to that date. Rent was in credit of $448.57 on 5 February 2026.

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 did not return all of 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.
The walls and carpets were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account the landlord’s insurance payout and applied it against the wall painting and carpet replacement costs sought by the landlord pursuant to section 49B(3)(a) RTA.

Tenancy Tribunal case 5392365 — Property damage at 29 Rodney Street, Georgetown, Invercargill 9812

At a glance

Tenancy Tribunal case 5392365 — Property damage at 29 Rodney Street, Georgetown, Invercargill 9812

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions