Tenantcheck Insights · Case study
Tenancy Tribunal case 5406933 — Property damage at 5 Allen Street, Redwoodtown, Blenheim 7201
Published 4 February 2026 · Application 5406933
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Blenheim
Tribunal region
Adjudicator
S Young
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $4,056.75
- Total balance for Tenant to pay Landlord
- $4,056.75
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Balance owing under previous order application 5375221 dated 26/11/2025 | $2,788.00 | Balance owing under previous order application 5375221 dated 26/11/2025 | |
| Carpet Cleaning | $200.00 | Carpet Cleaning | |
| Rubbish removal | $356.39 | Rubbish removal | |
| Lock/key replacement | $338.00 | Lock/key replacement | |
| Repairs | $184.00 | Repairs | |
| Window repairs | $162.36 | Window repairs | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $4,056.75 | ||
| Total payable by Tenant to Landlord | $4,056.75 |
Claims and awards for application 5406933 — net $4,056.75 NZD. Verify on MoJ.
Balance owing under previous order application 5375221 dated 26/11/2025
- Amount
- $2,788.00
- Awarded to
- Landlord
- Reason
- Balance owing under previous order application 5375221 dated 26/11/2025
Carpet Cleaning
- Amount
- $200.00
- Awarded to
- Landlord
- Reason
- Carpet Cleaning
Rubbish removal
- Amount
- $356.39
- Awarded to
- Landlord
- Reason
- Rubbish removal
Lock/key replacement
- Amount
- $338.00
- Awarded to
- Landlord
- Reason
- Lock/key replacement
Repairs
- Amount
- $184.00
- Awarded to
- Landlord
- Reason
- Repairs
Window repairs
- Amount
- $162.36
- Awarded to
- Landlord
- Reason
- Window repairs
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $4,056.75
Total payable by Tenant to Landlord
Landlord $4,056.75
Claim types — money lines allowed on this order
Order
- James Robson must pay Summit Property Management Limited As Agent For Miaomiao Liang $4,056.75 immediately, calculated as shown in table below.
- This order incorporates the Tribunal order made on 26 November 2025 under application TT 5375221.
Reasons
- The landlord attended the hearing.
- The tenant did not attend the hearing. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice was given to the tenant.
- The landlord has applied for compensation and reimbursement of the filing fee following 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 and return all keys and security devices. 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 carpets were stained. The landlord provided photos of the carpets at the start of the tenancy and at the end of the tenancy. The photos show that the carpets had been stained. An invoice for cleaning of $200.00 was provided.
- Rubbish remained at the premises. Photos of the rubbish were provided and an invoice for rubbish removal of $356.39.
- The tenant did not return the keys. An invoice from a locksmith for $338.00 was provided.
- The claims are reasonable and 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. The landlord is insured. The landlord’s policy of insurance carries an excess of $650.00 on each and every claim.
- 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: • An exterior door was damaged. The door was primed and painted. Photos of the damage were provided. An invoice for $184.00 was provided. • Glass louvres were missing. A photo and an invoice for the replacement costs of $162.36 was provided.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.
- On 26 November 2025, the Tribunal made an order relating to this tenancy, for rent arrears to 4 December 2025, reimbursement of the filing fee and release of the bond. The sum remaining owing under that order is $2,788.00. The previous order is incorporated into this order for enforcement purposes.
- As Summit Property Management Limited As Agent For Miaomiao Liang has wholly succeeded with the claim I must order the tenant to 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: 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 5406933?
The tribunal order states: James Robson must pay Summit Property Management Limited As Agent For
How much money was awarded in case 5406933?
Balance Owing Under Previous Order A…: $2,788.00 awarded to landlord; Cleaning: $200.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $338.00 awarded to landlord; Property Damage: $184.00 awarded to landlord; Property Damage: $162.36 awarded to landlord; Rubbish Removal: $356.39 awarded to landlord
What type of tenancy dispute was case 5406933?
The primary dispute was Property damage. Related themes: Cleanliness.
Where can I read the official tribunal order for case 5406933?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13073509-Tenancy_Tribunal_Order.pdf.