Published tribunal order
Tenancy Tribunal case 5438560 — Rent arrears at 35 Bermuda Drive, Hornby, Christchurch 8042
Published 5 March 2026 · Application 5438560
Landlord favoured
- Rent arrears
- Cleanliness
- Property damage
Order
- Jamie Lewis McLaughlin and Churae Summer Solomon must pay Sweet Group Limited $13,487.80 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $2,600.00 (5295468-006) to Sweet Group Limited immediately. DescriptionLandlord Rent arrears to 12 February 2026$9,525.00 Cleaning$1,000.00 Lawns and garden work$260.00 Replace 3 doors, hardware, a door frame$4,473.50 Repair lounge wall damage$120.00 Repair bedroom wall damage$150.00 Rubbish removal$531.30 Filing fee reimbursement$28.00 Total award$16,087.80 Bond$2,600.00 Total amount tenants must pay landlord$13,487.80
Reasons
- The hearing was conducted remotely on Microsoft Teams by telephone.
- Richard Hu attended for the landlord. The tenants did not attend. The hearing proceeded in their 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 was ended on 12 February 2026 by the landlord’s 90-day notice. The landlord provided a rent summary proving the outstanding arrears.
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. 1
- The tenants did not leave the premises reasonably clean and tidy, did not remove all rubbish, and did not return the keys.
- The landlord produced photographs to show the premises was not left in a reasonably clean and tidy condition. It appears the tenants abandoned the property leaving many of their belongings behind.
- The landlord provided a copy of its invoice for the cleaning, and a quote for the garden work, and lock and key replacement. 2 The cost of rubbish removal is a fair and reasonable estimate based on the probable truck loads and labour.
- I am satisfied the amounts ordered reflect the landlord’s current and upcoming losses.
Are the tenants liable for damage to the premises?
1 Residential Tenancies Act 1986 (RTA) ss 40(1)(e)(ii)-(v). 2 The lock and key replacement is included in the line dealing with damage to three doors.
- The landlords claim for the cost to repair two wall holes, to replace three damaged doors and a damaged door frame.
- To succeed in its claim, the 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. The landlord must also prove the cost of remediating the damage.
- Tenants are liable for the actions of people at the premises with their permission. 3
- 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. 4
- 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. 5
- The landlord’s photographs prove the damage alleged. The damage was probably caused intentionally. The damage occurred during the tenancy, is more than fair wear and tear, and the tenants have not disproved that they are liable for the damage.
- The door damage is supported by a quote. The lounge wall damage cost $120.00 to repair. Based on that the more serious bedroom damage is likely to cost at least $150.00 to repair.
- I am satisfied the amounts ordered represent the landlord’s likely losses in repairing the damage. Filing fee
- The tenants must reimburse the landlord for the filing fee. Bond
- The Bond Centre must release the bond to the landlord in part payment of the tenants’ debt from the tenancy. 3 RTA ss 40(2)(a), 41, and 49B. 4 RTA s 49B(1). 5 See Guo v Korck [2019] NZHC 1541. Tenants’ belongings
- The tenants have left a lot of property behind. Mr Hu says he has tried to contact the tenants to give them further opportunity to collect the property, but without success. The tenants may wish to urgently contact Mr Hu in this regard to avoid disposal of the property.
Property management
- SWEET GROUP LIMITED (applicant)