Tenantcheck Insights · Case study
Tenancy Tribunal case 5421271 — Cleanliness at 26 Patten Street, Avonside, Christchurch 8061
Published 9 April 2026 · Application 5421271
Landlord favoured
- Cleanliness
- Rent arrears
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Christchurch
Tribunal region
Adjudicator
M Manhire
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $5,148.17
- Bond payment as ordered
- −$1,860.00
- Total balance for Tenant to pay Landlord
- $3,288.17
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 27.12.25 | $1,860.00 | The claim for rent arrears is proven. Did the tenant comply with their obligations at the end of the tenancy? | |
| Rubbish removal: Tip fees | $482.67 | Rubbish removal: Tip fees | |
| Cleaning (reduced | $2,512.50 | Cleaning (reduced | |
| Lock/key replacement | $265.00 | Lock/key replacement | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $3,288.17 | ||
| Total payable by Tenant to Landlord | $3,288.17 |
Claims and awards for application 5421271 — net $3,288.17 NZD. Verify on MoJ.
Rent arrears to 27.12.25
- Amount
- $1,860.00
- Awarded to
- Landlord
- Reason
- The claim for rent arrears is proven. Did the tenant comply with their obligations at the end of the tenancy?
Rubbish removal: Tip fees
- Amount
- $482.67
- Awarded to
- Landlord
- Reason
- Rubbish removal: Tip fees
Cleaning (reduced
- Amount
- $2,512.50
- Awarded to
- Landlord
- Reason
- Cleaning (reduced
Lock/key replacement
- Amount
- $265.00
- Awarded to
- Landlord
- Reason
- Lock/key replacement
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $3,288.17
Total payable by Tenant to Landlord
Landlord $3,288.17
Claim types — money lines allowed on this order
Order
- Nicholas Warren Johnstone must pay Daniel Thomas Ashby $3,288.17 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $1,860.00 (3307858-007) to Daniel Thomas Ashby immediately.
Reasons
- The landlord attended the hearing via remote video conference. The tenant did not join the hearing via the video or telephone link as instructed in the notice of hearing. The hearing continued in the tenant’s absence.
- The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
- The tenancy ended on 27 December 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. The landlord also provided an updated rent ledger during the hearing.
- Having sighted the landlord’s rent evidence I am satisfied that the tenant is responsible for the outstanding rent debt.
- The claim for rent arrears is proven.
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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
- The landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
- The landlord provided exit inspection photographs confirming a significant amount of rubbish and other belongings left behind by the tenant at the end of the tenancy. The premises also required a significant amount of cleaning.
- The landlord provided paid receipts from the local tip in support of the amount claimed for rubbish removal.
- The landlord also provided a detailed schedule in support of the labour charge for cleaning. The cleaning took 3 people several days to complete.
- A reasonable hourly rate for a landlord’s own cleaning time is typically $25 per hour, provided the claim is supported by evidence of the hours worked and the work done. The Tribunal may reduce the amount if the rate or hours claimed are excessive or not properly substantiated. Lock replacement
- The tenant did not inform the landlord where he had left the keys and as a result the landlord was forced to have a locksmith attend to change the lock. A payment receipt was provided in support of this claim.
- Accordingly, the claim for rubbish removal and lock changing is proven. The claim for cleaning is also allowed but the hourly rate is reduced from $35 to $25 per hour which is reasonable compensation for the breach of tenant responsibility in this regard.
- The following chattels were missing at the end of the tenancy: Ladder, lawnmower and power extension cord.
- The landlord seeks compensation for a missing lawnmower, ladder, and power extension cord at the end of the tenancy.
- While I note that the lawnmower is listed as a chattel in the tenancy agreement there is no proof of actual financial loss, such as paid receipts for replacement.
- In the absence of sufficient evidence to prove both that all 3 items were part of the tenancy chattels, and that the landlord has suffered a quantifiable loss, I am unable to award compensation.
- The landlord’s claim in respect of these 3 items is therefore declined.
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.
- 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 landlord claims that the following damage was caused during the tenancy: damage to fireplace door, walls and a small area of carpet.
- The landlord has only provided estimates for these 3 damage claims. As advised during the hearing the Tribunal cannot award claims where the applicant has not suffered a quantifiable loss. At the very least the landlord would be required to repair the damage and provided evidence that repairs have been paid for.
- In the absence of evidence confirming that the landlord has suffered a financial loss the damage claims are therefore dismissed.
- Because Daniel Thomas Ashby has substantially succeeded with the claim I have reimbursed 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: rent arrears
- Dispute theme: cleaning
- Dispute theme: property damage
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5421271?
The tribunal order states: Nicholas Warren Johnstone must pay Daniel Thomas Ashby $3,288.17
How much money was awarded in case 5421271?
Cleaning: $2,512.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $265.00 awarded to landlord; Rent Arrears: $1,860.00 awarded to landlord; Rubbish Removal: $482.67 awarded to landlord
What type of tenancy dispute was case 5421271?
The primary dispute was Cleanliness. Related themes: Rent arrears, Property damage.
Where can I read the official tribunal order for case 5421271?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13415889-Tenancy_Tribunal_Order.pdf.