Tenantcheck Insights · Case study
Tenancy Tribunal case 5419909 — Tenancy dispute at Room The small ensuit, Unit/Flat The small ensuit, 259
Published 8 April 2026 · Application 5419909
Tenant favoured
- Cleanliness
- Compensation
- Filing Fee
- Filing Fee Reimbursement
At a glance
Key facts from the published tribunal order.
Outcome
Tenant favoured
From published order
Location
Waimauku
Tribunal region
Adjudicator
L Ryken
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $528.00
- Total balance for Landlord to pay Tenant
- $528.00
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Compensation | $500.00 | Compensation | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $528.00 | ||
| Total payable by Landlord to Tenant | $528.00 |
Claims and awards for application 5419909 — net $528.00 NZD. Verify on MoJ.
Compensation
- Amount
- $500.00
- Awarded to
- Tenant
- Reason
- Compensation
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Tenant
- Reason
- Filing fee reimbursement
Net award
Tenant $528.00
Total payable by Landlord to Tenant
Tenant $528.00
Claim types — money lines allowed on this order
Order
- Sandra King must pay YANMENG SHI $528.00 immediately, calculated as shown in table below:
Reasons
- Both parties attended the hearing on 7 April 2026.
- The premises have a main dwelling and a separate, self-contained minor dwelling/sleepout. The landlord lives in the main dwelling and rents out the minor dwelling. Both parties agree the Tribunal has jurisdiction to determine the dispute. Given the given the separate, independent and fully functioning nature of the minor dwelling, I concur with the parties’ assessment.
- The tenancy began on 13 November 2025. The rent was $250.00 per week, payable two weeks in advance. The tenant paid the landlord a total of $1,500.00 during the tenancy. The tenant seeks an order that the landlord repay them $500.00. The tenant claims the $500.00 is a bond and the landlord has no right to retain it. The landlord disputes the $500.00 is a bond. The landlord claims they should be allowed to keep $50.00 for cleaning. They also claim the tenancy was a fixed term tenancy that was meant to end on 31 January 2026, but which the tenant ended earlier on 11 December 2025. Therefore, the landlord claims they should be allowed to retain the $500.00 for rent the tenant was supposed to pay up to 31 January 2026.
- The issues I must determine are: a. Can the Tribunal determine the landlord’s claim for compensation for $50.00 for cleaning today? b. Should the landlord pay the tenant $500.00? Can the Tribunal determine the landlord’s claim for compensation for $50.00 for cleaning today?
- At the end of the tenancy, the tenant must leave the premises reasonably clean and tidy. 1 The landlord claims the tenant breached this duty and the landlord had to clean the premises. The landlord seeks $50.00 as compensation for their time, labour and cost to purchase cleaning materials. The tenant disputes that they left the premises in an untidy state.
- The landlord did not file a cross-application, which means I cannot determine their claim for compensation for $50.00 for cleaning. If the landlord wants to make a claim against the tenant for cleaning, they can file an application with Tenancy Services. Should the landlord pay the tenant $500.00?
- The landlord claims the tenancy was a fixed term tenancy that was meant to end on 31 January 2026, but which the tenant ended early on 11 December 2025. The landlord claims they should be allowed to keep the $500.00 as rent the tenant was required to pay up to 31 January 2026.
- The tenant claims the tenancy was a periodic tenancy, which they were allowed to end early by giving two weeks’ notice. The tenant moved out of the premises on 8 December 2025 and claims they are only required to pay rent up to this date. 1 Residential Tenancies Act 1986, section 40(1)(e)(iii). Analysis
- The parties did not sign a tenancy agreement however, the terms of the tenancy can be extracted from text messages sent between the parties.
- On 9 November 2025, the parties discussed the tenant renting the premises. The landlord advised that the rent was $300.00 per week including utilities. The tenant said that they wanted to rent the premises until 31 January 2026, stating: No problem. I just want rent a room until 31th January
Could it be more cheaper?
Like 250 per week ...
- The parties engaged in a negotiation about the level of rent and finally settled on $250.00 per week, with the landlord stating: Ok. $250 is all good until the 31 st Jan. Do you want to see it?
- The tenant visited the premises on 12 November 2025. On 13 November 2025, the tenant asked if they could move into the premises. The landlord agreed and sent the following text message: Hey Yanmeng and yes of course that is absolutely fine. As talked through rent is to be paid two weeks in advance and then weekly on the same day (being a Thursday starting next week). Please pay today $750. My account number is: ... My mobile number is... We welcome you Yanmeng and we’re sure you’ll be happy there.
- The tenant paid the landlord $750.00 as requested and the landlord replied: Thanks Yanmeng. Pay each Thursday please starting next week 20 Nov. Thank you. When you want to leave please give us two weeks notice. As talked, the house is on the market but we don’t have any contract so it looks like you will be there until you said (end of Jan) but if you want longer that will be ok too.
- From these text messages, I find the tenancy was a periodic tenancy, which the tenant was allowed to end early by giving two weeks’ notice. The two text messages sent by the landlord on 13 November 2025 appear to formally record the important terms of the agreement. The landlord states the amount of rent to be paid, when and where it is to be paid, as well as the notice period the tenant is required to give. The fact that the tenancy is a fixed term tenancy ending on 31 January 2026 is not mentioned.
- In their second text message, the landlord advises the tenant that the premises are currently for sale. The landlord reassures the tenant that they have not accepted an offer yet and the tenant should be able to stay in the premises until 31 January 2026. Importantly, the landlord does not go so far as to guarantee this. The landlord most likely did not want to offer this guarantee, just in case the premises sold before 31 January 2026 and the landlord was required to give vacant possession to the purchaser at settlement.
- For all of these reasons, I find that whilst the parties expressed a desire for the tenancy to continue until 31 January 2026, they purposely did not include this as a formal term of the agreement. This means the tenancy was a periodic tenancy.
- Usually, a tenant is required to give 21 days’ notice to end a periodic tenancy 2 however, the landlord allowed the tenant to give 2 weeks’ notice in their text message sent on 13 November 2025. The tenant gave notice to end the tenancy on 26 November 2025, which means they are liable to pay rent up to 11 December 2025. The fact the tenant left the premises on 8 December 2025 does not affect their liability to pay rent up to 11 December 2025.
- The landlord accepts the tenant has paid rent up to 11 December 2025. Therefore, there is no basis for the landlord to retain the extra $500.00 paid by the tenant.
- For these reasons, the tenant’s claim for compensation for $500.00 is granted in full. 2 Residential Tenancies Act 1986, section 51(2A). Filing fee
- Because YANMENG SHI 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), s51(2A), s9
Key findings
- Dispute theme: cleaning
- Dispute theme: compensation
- Dispute theme: filing fee
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5419909?
The tribunal order states: Sandra King must pay YANMENG SHI $528.00 immediately, calculated as
How much money was awarded in case 5419909?
Compensation: $500.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant
What type of tenancy dispute was case 5419909?
The dispute type was not classified.
Where can I read the official tribunal order for case 5419909?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13404522-Tenancy_Tribunal_Order.pdf.