What was the outcome of Tenancy Tribunal case 5439428?

The tribunal order states: Ruby Georgia Webb must pay Christchurch Accommodation Limited As Agent

How much money was awarded in case 5439428?

Cleaning: $130.00 awarded to landlord; Cleaning: $280.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Previous Order Application 5337801 D…: $1,042.29 awarded to landlord; Rent Arrears: $1,800.00 awarded to landlord; Rubbish Removal: $1,475.50 awarded to landlord

What type of tenancy dispute was case 5439428?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5439428?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13634382-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5439428?

The tribunal order states: Ruby Georgia Webb must pay Christchurch Accommodation Limited As Agent

How much money was awarded in case 5439428?

Cleaning: $130.00 awarded to landlord; Cleaning: $280.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Previous Order Application 5337801 D…: $1,042.29 awarded to landlord; Rent Arrears: $1,800.00 awarded to landlord; Rubbish Removal: $1,475.50 awarded to landlord

What type of tenancy dispute was case 5439428?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5439428?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13634382-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 102, 194 Worcester Street, Christchurch Tenancy Tribunal Case 5439428 — Rent arrears

Claims and awards in Tenancy Tribunal application 5439428 — net $4,755.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,800.00	Rent arrears
Previous order application 5337801 dated 15/12/2025	$1,042.29	Previous order application 5337801 dated 15/12/2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Carpet Cleaning	$130.00	Carpet Cleaning
Cleaning	$280.00	Cleaning
Repairs: Wall repairs, rubbish removal	$1,475.50	Repairs: Wall repairs, rubbish removal
Net award	$4,755.79
Total payable by Tenant to Landlord	$4,755.79

Order

Ruby Georgia Webb must pay Christchurch Accommodation Limited As Agent For Erika Sirisombo Onwong $4,755.79 immediately, calculated as shown in table below.

The claim for exemplary damages is dismissed.
This order incorporates the Tribunal order made on 15 December 2025 under application 5337801.

Reasons

The landlord attended the hearing. The tenant did not connect to the MS Teams link provided to them and nor did they connect via telephone as instructed in the Notice of Hearing sent to them by email. The hearing proceeded in their absence.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. The claim for exemplary damages was withdrawn at the hearing. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA). With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden. Previous order
On 15 December 2025 the Tribunal made an order relating to this tenancy, for rent arrears to 15 December 2025 and termination and payment of the bond. The previous order is incorporated into this order for enforcement purposes.

How much is owed for rent?

The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 1 The tenant vacated the premises on 12 January 2026 by way of eviction by a bailiff. The landlord provided rent records which prove the amount owing to this date and I have made an order accordingly. The Law – tenant’s obligations at the end of the tenancy
At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy, remove all rubbish, return all keys and security devices and leave all chattels provided for their benefit. 2 The Law - Tenants responsibility for damage
A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 3 Where a landlord is claiming compensation for damage 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 1 RTA, 40 (1)(a). 2 RTA, 40(1)(e). 3 RTA, s 40 (2)(a). 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. 4
Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. 5
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). 6 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). 7 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 8
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. 9 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. 10
In assessing a claim for compensation, I must take into account 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, I must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Cleaning and rubbish removal
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord claims cleaning, carpet cleaning and rubbish removal costs. The landlord provided invoices in support of the claim, post tenancy photographs and a video of the premises following the tenant vacating.
I have largely reimbursed the landlord’s cleaning costs but made a small deduction as the tenant is only required to ensure they leave the premises in a reasonably tidy condition. The tenant was close to that level, the main issue 4 RTA s 40(2)(a), 41, 49B. 5 See Taylor v Webb [1937] 2KB 283 (CA). 6 RTA s 49B(3)(a). 7 RTA, s 49B(3)(b). 8 RTA s 49B(3A)(a). 9 RTA s 49B(1). 10 See Guo v Korck [2019] NZHC 1541. was the rubbish she left at the premises. In addition, the landlord’s inhouse cleaning team undertook the cleaning. The invoice does not specify the tasks or time taken however the landlord said the cleaning time was approximately 5 hours. The amount claimed was $390. I consider the amount claimed for the inhouse team to clean the premises, where it was close to being reasonably clean and tidy is not reasonable. I have ordered $280 for cleaning for these reasons.
The carpet was stained and required carpet cleaning. The amount ordered for carpet cleaning is proved with photographs, a post-tenancy video and an invoice. The amount ordered is $130.
The landlord said the rubbish removal cost (interior and exterior) was included in the invoice from DSA Services Limited (who undertook painting), although it was not itemised as a separate task. I comment on this further below.
The amounts ordered are proved. Damage claims
The following damage was caused during the tenancy: The walls were damaged throughout. The amount claimed is $1,475.50 being the full amount of the DSA Services invoice. I have made no deduction for depreciation because almost every wall required repainting, and the amount claimed is reasonable having regards to the level of damage and I understand the amount claimed included removing the rubbish that was throughout the premises (although not specifically itemised).
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered is proved with oral evidence, photographs, an invoice and the video of the premises. Filing Fee
Because the landlord has been wholly successful in their claim, I have ordered that the tenant reimburse the filing fee. 11

Claims and awards in Tenancy Tribunal application 5439428 — net $4,755.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,800.00	Rent arrears
Previous order application 5337801 dated 15/12/2025	$1,042.29	Previous order application 5337801 dated 15/12/2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Carpet Cleaning	$130.00	Carpet Cleaning
Cleaning	$280.00	Cleaning
Repairs: Wall repairs, rubbish removal	$1,475.50	Repairs: Wall repairs, rubbish removal
Net award	$4,755.79
Total payable by Tenant to Landlord	$4,755.79

Order

Ruby Georgia Webb must pay Christchurch Accommodation Limited As Agent For Erika Sirisombo Onwong $4,755.79 immediately, calculated as shown in table below.

The claim for exemplary damages is dismissed.
This order incorporates the Tribunal order made on 15 December 2025 under application 5337801.

Reasons

The landlord attended the hearing. The tenant did not connect to the MS Teams link provided to them and nor did they connect via telephone as instructed in the Notice of Hearing sent to them by email. The hearing proceeded in their absence.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. The claim for exemplary damages was withdrawn at the hearing. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA). With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden. Previous order
On 15 December 2025 the Tribunal made an order relating to this tenancy, for rent arrears to 15 December 2025 and termination and payment of the bond. The previous order is incorporated into this order for enforcement purposes.

How much is owed for rent?

The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 1 The tenant vacated the premises on 12 January 2026 by way of eviction by a bailiff. The landlord provided rent records which prove the amount owing to this date and I have made an order accordingly. The Law – tenant’s obligations at the end of the tenancy
At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy, remove all rubbish, return all keys and security devices and leave all chattels provided for their benefit. 2 The Law - Tenants responsibility for damage
A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 3 Where a landlord is claiming compensation for damage 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 1 RTA, 40 (1)(a). 2 RTA, 40(1)(e). 3 RTA, s 40 (2)(a). 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. 4
Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. 5
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). 6 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). 7 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 8
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. 9 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. 10
In assessing a claim for compensation, I must take into account 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, I must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Cleaning and rubbish removal
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord claims cleaning, carpet cleaning and rubbish removal costs. The landlord provided invoices in support of the claim, post tenancy photographs and a video of the premises following the tenant vacating.
I have largely reimbursed the landlord’s cleaning costs but made a small deduction as the tenant is only required to ensure they leave the premises in a reasonably tidy condition. The tenant was close to that level, the main issue 4 RTA s 40(2)(a), 41, 49B. 5 See Taylor v Webb [1937] 2KB 283 (CA). 6 RTA s 49B(3)(a). 7 RTA, s 49B(3)(b). 8 RTA s 49B(3A)(a). 9 RTA s 49B(1). 10 See Guo v Korck [2019] NZHC 1541. was the rubbish she left at the premises. In addition, the landlord’s inhouse cleaning team undertook the cleaning. The invoice does not specify the tasks or time taken however the landlord said the cleaning time was approximately 5 hours. The amount claimed was $390. I consider the amount claimed for the inhouse team to clean the premises, where it was close to being reasonably clean and tidy is not reasonable. I have ordered $280 for cleaning for these reasons.
The carpet was stained and required carpet cleaning. The amount ordered for carpet cleaning is proved with photographs, a post-tenancy video and an invoice. The amount ordered is $130.
The landlord said the rubbish removal cost (interior and exterior) was included in the invoice from DSA Services Limited (who undertook painting), although it was not itemised as a separate task. I comment on this further below.
The amounts ordered are proved. Damage claims
The following damage was caused during the tenancy: The walls were damaged throughout. The amount claimed is $1,475.50 being the full amount of the DSA Services invoice. I have made no deduction for depreciation because almost every wall required repainting, and the amount claimed is reasonable having regards to the level of damage and I understand the amount claimed included removing the rubbish that was throughout the premises (although not specifically itemised).
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered is proved with oral evidence, photographs, an invoice and the video of the premises. Filing Fee
Because the landlord has been wholly successful in their claim, I have ordered that the tenant reimburse the filing fee. 11

Tenancy Tribunal case 5439428 — Rent arrears at Unit/Flat Unit 102, 194 Worcester Street, Christchurch

At a glance

Tenancy Tribunal case 5439428 — Rent arrears at Unit/Flat Unit 102, 194 Worcester Street, Christchurch

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions