Tenantcheck Insights · Case study
Tenancy Tribunal case 5421448 — Rent arrears at Room 5, 24 Aileen Place, Upper Riccarton, Christchurch
Published 15 April 2026 · Application 5421448
Landlord favoured
- Rent arrears
- 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
- $769.25
- Bond payment as ordered
- −$500.00
- Total balance for Tenant to pay Landlord
- $269.25
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears | $275.00 | Rent arrears | |
| Cleaning | $86.25 | Cleaning | |
| Carpet removal | $80.00 | Carpet removal | |
| Replace furnishings: carpet | $300.00 | Replace furnishings: carpet | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $269.25 | ||
| Total payable by Tenant to Landlord | $269.25 |
Claims and awards for application 5421448 — net $269.25 NZD. Verify on MoJ.
Rent arrears
- Amount
- $275.00
- Awarded to
- Landlord
- Reason
- Rent arrears
Cleaning
- Amount
- $86.25
- Awarded to
- Landlord
- Reason
- Cleaning
Carpet removal
- Amount
- $80.00
- Awarded to
- Landlord
- Reason
- Carpet removal
Replace furnishings: carpet
- Amount
- $300.00
- Awarded to
- Landlord
- Reason
- Replace furnishings: carpet
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $269.25
Total payable by Tenant to Landlord
Landlord $269.25
Claim types — money lines allowed on this order
Order
- Damien Mahoney must pay Houzer Holdings Limited T/A Christchurch Room Rentals $269.25 immediately, calculated as shown in the table below.
- The Bond Centre is to pay the bond of $500.00 to Houzer Holdings Limited T/A Christchurch Room Rentals immediately. DescriptionLandlord Rent arrears$275.00 Cleaning$86.25 Carpet removal$80.00 Replace furnishings: carpet$300.00 Filing fee reimbursement$28.00 Total award$769.25 Bond$500.00 Total payable by Tenant to Landlord$269.25
Reasons
- The landlord attended the video hearing.
- The landlord made application to the Tribunal on 13 January 2026 which was more than two months after the end of the tenancy. This means that the application and other documents required to be served on the tenant must be posted to an address that the tenant has given to the landlord in writing within the last two months, or served in person on the tenant, or delivered to the tenant's place of residence, or given to an authorised agent of the tenant. See section 91A(2) Residential Tenancies Act 1986 (“RTA”).
- The landlord does not have a contact address for the tenant that has been given to them in writing within the last two months. The landlord has not been able to determine the tenant’s current address or whereabouts and has no knowledge of the tenant having an authorised agent or solicitor.
- The Tribunal’s records show that the landlord’s application and the notice of hearing were emailed to the tenant at the same email address that was provided by the tenant in the tenancy agreement. The landlord provided evidence that the tenant responded to its email to that email address on 4 January 2026. The email address therefore appears to be current.
- The Tribunal is satisfied that in these circumstances all reasonable efforts have been made to serve the application and corresponding documentation on the tenant. Emailing to a longstanding email address given in the tenancy agreement by the tenant is likely to have brought notice of the application to the tenant’s attention.
- In accordance with section 91B(2) RTA, the Tribunal directs that the requirement for service is dispensed with and that the landlord’s application is treated as having been served on the tenant.
- 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 9 November 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy and the tenant accepted that the rent was owing by text on 7 November 2025.
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 66M(c) RTA.
- The landlord provided photographic evidence that the shower and some surfaces required cleaning to bring the premises to a reasonably clean and tidy condition.
- The amount ordered is 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 landlord provided photographic evidence of the state of the carpet at the end of the tenancy, together with a report from a carpet cleaner that the carpet required replacement as the carpet could not be cleaned. In an email to the landlord, the tenant claimed that the state of the carpet after a five-year tenancy was due to fair wear and tear.
- Having considered the landlord’s photographic evidence, the Tribunal accepts that the significant damage to the carpet was more than fair wear and tear.
- The Tribunal must consider betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, the Tribunal must consider the age and condition of the items at the start of the tenancy and their likely useful lifespan.
- The Inland Revenue Department’s IR 265 states that carpets have a life of 8 years. This carpet was 5 years old. However, the 15 m2 of carpet has replaced very cheaply with carpet that the landlord confirmed was of lesser quality and so value than the original carpet.
- Having considered these factors, the Tribunal has determined that it is just that the tenant meet half the cost of the replacement carpet and the costs of removing the damaged carpet.
- Because Houzer Holdings Limited T/A Christchurch Room Rentals 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(2), s49B(1), s49B(3), s49B(3A), s5, s66M, s91A(2), s91B(2)
Key findings
- Dispute theme: rent arrears
- Dispute theme: cleaning
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5421448?
The tribunal order states: Damien Mahoney must pay Houzer Holdings Limited T/A Christchurch Room
How much money was awarded in case 5421448?
Carpet Removal: $80.00 awarded to landlord; Cleaning: $86.25 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $275.00 awarded to landlord; Replace Furnishings: Carpet: $300.00 awarded to landlord
What type of tenancy dispute was case 5421448?
The primary dispute was Rent arrears. Related themes: Cleanliness.
Where can I read the official tribunal order for case 5421448?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13450072-Tenancy_Tribunal_Order.pdf.