Tenantcheck Insights · Case study
Tenancy Tribunal case 5452441 — Cleanliness at 54A Pacific Road, North New Brighton, Christchurch 8083
Published 12 May 2026 · Application 5452441
- Cleanliness
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Christchurch
Tribunal region
Adjudicator
J Greene
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $1,834.85
- Bond payment as ordered
- −$327.41
- Total balance for Tenant to pay Landlord
- $1,507.44
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Clean council bins | $80.00 | Clean council bins | |
| Cleaning | $240.00 | Cleaning | |
| Carpet cleaning | $150.00 | Carpet cleaning | |
| Repair front door glass | $304.62 | Repair front door glass | |
| Change front door lock | $145.00 | Change front door lock | |
| Remove goods to garage for storage | $370.88 | Remove goods to garage for storage | |
| Remove and dispose of goods including dump fees | $516.35 | Remove and dispose of goods including dump fees | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $1,507.44 | ||
| Total payable by Tenant to Landlord | $1,507.44 |
Claims and awards for application 5452441 — net $1,507.44 NZD. Verify on MoJ.
Clean council bins
- Amount
- $80.00
- Awarded to
- Landlord
- Reason
- Clean council bins
Cleaning
- Amount
- $240.00
- Awarded to
- Landlord
- Reason
- Cleaning
Carpet cleaning
- Amount
- $150.00
- Awarded to
- Landlord
- Reason
- Carpet cleaning
Repair front door glass
- Amount
- $304.62
- Awarded to
- Landlord
- Reason
- Repair front door glass
Change front door lock
- Amount
- $145.00
- Awarded to
- Landlord
- Reason
- Change front door lock
Remove goods to garage for storage
- Amount
- $370.88
- Awarded to
- Landlord
- Reason
- Remove goods to garage for storage
Remove and dispose of goods including dump fees
- Amount
- $516.35
- Awarded to
- Landlord
- Reason
- Remove and dispose of goods including dump fees
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $1,507.44
Total payable by Tenant to Landlord
Landlord $1,507.44
Claim types — money lines allowed on this order
Order
- Blake Pelham and Christopher Payne must pay Irelands Real Estate Limited as agent for Jacob Vargo and Kimberly Vargo $1,507.44 immediately, calculated as shown in table below:
- The Bond Centre is to pay the bond of $327.41 (BN-00094881) to Irelands Real Estate Limited as agent for Jacob Vargo and Kimberly Vargo immediately.
- The applications for additional rent and for power costs to 26 January 2026 are dismissed.
Reasons
- Both parties attended the hearing. Ms Oquist and Ms Binney represented the landlord. Mr Payne attended with his representative Mr Herron. Mr Pelham did not attend.
- The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The claim for rent
- The tenancy ended on 26 January 2026. There is a sealed mediator’s order 1 dated 14 January 2026 which records the amount of rent arrears as of 26 January 2026 as $1,464.37. The landlord cannot claim additional rent to the same date when an order has already been made to that date.
- The same order records power costs of $160.22. For the same reason the landlord cannot claim additional power costs to the same date given the sealed mediator’s order.
- I dismiss the claim for rent arrears and additional power costs to 26 January 2026. Both claims have already been determined.
Did the tenants 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 2 . The tenant must also remove all their goods.
- The tenants did not return all the keys.
- The tenant Mr Pelham and another person who moved into the premises after Mr Payne left kept a cat. The Tribunal considers it reasonable for the landlord to have the carpets professionally cleaned when a pet is allowed inside to ensure that there are no contaminants for the next tenants. 1 See Application No 5414448 2 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA)
- The tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish and goods.
- When goods are left behind after a tenancy has ended the RTA imposes responsibilities on a landlord. The landlord must secure the goods, allow the tenant the chance to remove them, and in some instances dispose of the goods.
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 3 .
- The following damage was caused during the tenancy: the glass in the front door was broken and had to be replaced.
- The amounts ordered for cleaning, the change of lock, the front door repair, and the removal of goods are proved by invoices and photos and by the evidence the landlord’s representatives gave. Joint liability
- Mr Payne left the tenancy on or about 18 November 2025. Another person moved into the premises with Mr Pelham. The landlord was unaware of that.
- The tenancy agreement was a fixed term tenancy to 5 June 2026, though the parties agreed to end the tenancy earlier.
- Mr Payne was never formally released from the tenancy. He remains jointly and severally liable for the claims the landlord has proved even thought he was not at the premises for over 3 months before the tenancy ended.
- The order must be made against both tenants because they are jointly and severally liable under the tenancy agreement (the contract). Mr Herron argued for some kind of apportionment, but the landlord is entitled to proceed against both named joint tenants.
- Separately, Mr Payne might have a claim against Mr Pelham or against the third person who resided at the premises but who was not a tenant (there was no agreement between her and the landlord). Any claim he has will fall within the jurisdiction of the Disputes Tribunal since the Tenancy Tribunal only adjudicates disputes between landlords and tenants. 3 See sections 40(2)(a), 41 and 49B RTA Result
- The tenants, jointly and severally, must pay the landlord $1,507.44 which includes reimbursement of the filing fee and a deduction for the remaining bond.
- When asked neither party sought a name suppression order.
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)
Key findings
- Dispute theme: cleaning
- Dispute theme: property damage
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5452441?
The tribunal order states: Blake Pelham and Christopher Payne must pay Irelands Real Estate Limited as
How much money was awarded in case 5452441?
Cleaning: $150.00 awarded to landlord; Change Front Door Lock: $145.00 awarded to landlord; Cleaning: $80.00 awarded to landlord; Cleaning: $240.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $304.62 awarded to landlord; Remove And Dispose Of Goods Includin…: $516.35 awarded to landlord; Remove Goods To Garage For Storage: $370.88 awarded to landlord
What type of tenancy dispute was case 5452441?
The primary dispute was Cleanliness. Related themes: Property damage.
Where can I read the official tribunal order for case 5452441?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13585158-Tenancy_Tribunal_Order.pdf.