Tenantcheck Insights · Case study
Tenancy Tribunal case 5417028 — Property damage at Room 4, Unit/Flat Flat 2, 31 Poulson Street, Addington,
Published 4 March 2026 · Application 5417028
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Christchurch
Tribunal region
Adjudicator
J Greene
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $1,074.82
- Total balance for Tenant to pay Landlord
- $457.68
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Mattress replacement (depreciated | $105.00 | Mattress replacement (depreciated | |
| Carpet cleaning | $86.25 | Carpet cleaning | |
| Repairs: plaster and paint (depreciated | $575.00 | Repairs: plaster and paint (depreciated | |
| Rent credit | $308.57 | Rent credit | |
| Total award | $766.25 | $308.57 | |
| Net award | $457.68 | ||
| Bond | $920.00 | ||
| Total payable by Tenant to Landlord | $457.68 |
Claims and awards for application 5417028 — net $457.68 NZD. Verify on MoJ.
Mattress replacement (depreciated
- Amount
- $105.00
- Awarded to
- Landlord
- Reason
- Mattress replacement (depreciated
Carpet cleaning
- Amount
- $86.25
- Awarded to
- Landlord
- Reason
- Carpet cleaning
Repairs: plaster and paint (depreciated
- Amount
- $575.00
- Awarded to
- Landlord
- Reason
- Repairs: plaster and paint (depreciated
Rent credit
- Amount
- $308.57
- Awarded to
- Tenant
- Reason
- Rent credit
Total award
Landlord $766.25 · Tenant $308.57
Net award
Landlord $457.68
Bond
Landlord $920.00
Total payable by Tenant to Landlord
Landlord $457.68
Claim types — money lines allowed on this order
Order
- Robert Gerrard Graham to pay Braziers Limited as agent for Martyn and Claire Milne $457.68 from the bond, calculated as shown in table below:
- The Bond Centre is to pay the bond of $920.00 (5332348-015) immediately apportioned as follows: Braziers Limited as agent for Martyn and Claire Milne: $457.68 Robert Gerrard Graham: $462.32
- The landlord’s claim for the cost of replacing chattels is dismissed.
Reasons
- Both parties attended the hearing. Ms Roundhill represented the landlord.
- The landlord has applied for compensation and a refund of the bond following the end of the tenancy. Rent credit
- The tenancy ended on 3 November 2025. The rent is in credit by $308.57. I have applied that as a tenant credit. Claims accepted by the tenant
- The tenant accepted the landlord’s claims for carpet cleaning and for the cost of replacing a mattress which the parties agreed should be depreciated due to its age. I have allowed those claims, marked *, by consent.
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 1 .
- The walls in the room the tenant rented were yellow and stained and there were some marks that required plastering. The tenant smoked in the room on occasion. The landlord issued 4 breach notices for that. So, the tenant caused some damage that was beyond fair wear and tear.
- The premises were probably last redecorated 10 or so years ago so depreciation must be applied. I have depreciated the landlord’s claim for plastering and painting walls by 80% to allow for that.
- The landlord has claimed the replacement cost of chattels, some of which were presumed missing, but which were left in a communal cupboard. Given the age of the chattels and the fact that the fridge required repairs but was not properly fixed, I have dismissed this claim. The landlord has not proved that the tenant carelessly damaged chattels or failed to return them.
- As the application is only partly successful, I make no order reimbursing the filing fee. 1 See sections 40(2)(a), 41 and 49B of the Residential Tenancies Act 1986 (RTA) Result
- The landlord’s claims are allowed in the amount of $766.25. After the deduction of the rent credit of $308.75 which the landlord may now retain, the tenant will pay the landlord $457.68 from the bond. The balance of the bond of $462.32 will be paid to the tenant.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(2)
Key findings
- 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 5417028?
The tribunal order states: Robert Gerrard Graham to pay Braziers Limited as agent for Martyn and Claire
How much money was awarded in case 5417028?
Cleaning: $86.25 awarded to landlord; Property Damage: $105.00 awarded to landlord; Rent Credit: $308.57 awarded to tenant; Plaster And Paint (Depreciated: $575.00 awarded to landlord
What type of tenancy dispute was case 5417028?
The primary dispute was Property damage. Related themes: Cleanliness.
Where can I read the official tribunal order for case 5417028?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13227815-Tenancy_Tribunal_Order.pdf.