Tenantcheck Insights · Case study
Tenancy Tribunal case 5392372 — Rent arrears at 11A Cygnet Street, North New Brighton, Christchurch 8083
Published 20 February 2026 · Application 5392372
- Rent arrears
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Christchurch
Tribunal region
Adjudicator
G Baker
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $2,481.59
- Bond payment as ordered
- −$2,240.00
- Total balance for Tenant to pay Landlord
- $241.59
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears | $2,000.00 | Rent arrears | |
| Cleaning | $90.00 | Cleaning | |
| Lawns and Garden work: and hole repairs | $186.49 | Lawns and Garden work: and hole repairs | |
| Repairs: front door glass | $177.10 | Repairs: front door glass | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $241.59 | ||
| Total payable by Tenant to Landlord | $241.59 |
Claims and awards for application 5392372 — net $241.59 NZD. Verify on MoJ.
Rent arrears
- Amount
- $2,000.00
- Awarded to
- Landlord
- Reason
- Rent arrears
Cleaning
- Amount
- $90.00
- Awarded to
- Landlord
- Reason
- Cleaning
Lawns and Garden work: and hole repairs
- Amount
- $186.49
- Awarded to
- Landlord
- Reason
- Lawns and Garden work: and hole repairs
Repairs: front door glass
- Amount
- $177.10
- Awarded to
- Landlord
- Reason
- Repairs: front door glass
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $241.59
Total payable by Tenant to Landlord
Landlord $241.59
Claim types — money lines allowed on this order
Order
- Sean O'Donnell must pay Results Realty Limited/ Ray White New Brighton As Agents For Lachlan Hamilton $241.59 immediately, calculated as shown the in table below. DescriptionLandlord Rent arrears$2,000.00 Cleaning$90.00 Lawns and Garden work: and hole repairs$186.49 Repairs: front door glass$177.10 Filing fee reimbursement$28.00 Total award$2,481.59 Bond$2,240.00 Total payable by Tenant to Landlord$241.59
Reasons
- The landlord attended the hearing by video.
- The tenant did not join the hearing by following the instructions in the Notice of Hearing. The tenant was telephoned but did not answer.
- The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
- The tenant and landlord had agreed through a Mediation Order that the bond could be refunded to the landlord.
How much is owed for rent?
- The tenancy ended on 21 November 2025. The landlord provided rent records 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
- The landlord provided photographic evidence that the lawns and gardens required work to make them reasonably tidy and that there was a small amount of further cleaning of the stove, the laundry tub, the bathroom and the floors need to be mopped.
- 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: a. Glass in the front door was broken during the tenancy. The tenant arranged for a glazier to repair the glass but did not pay the invoice. b. The landlord provided photographic evidence of holes in a sliding wardrobe door and in the lounge wall.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.
- Because Results Realty Limited/ Ray White New Brighton As Agents For Lachlan Hamilton 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(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 5392372?
The tribunal order states: Sean O'Donnell must pay Results Realty Limited/ Ray White New Brighton As
How much money was awarded in case 5392372?
Cleaning: $90.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $186.49 awarded to landlord; Rent Arrears: $2,000.00 awarded to landlord; Front Door Glass: $177.10 awarded to landlord
What type of tenancy dispute was case 5392372?
The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.
Where can I read the official tribunal order for case 5392372?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13161446-Tenancy_Tribunal_Order.pdf.