Tenantcheck Insights · Case study
Tenancy Tribunal case 5482430 — Property damage at Room B, 38 Middleton Road, Upper Riccarton, Christchurch
Published 4 June 2026 · Application 5482430
Landlord favoured
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Christchurch
Tribunal region
Adjudicator
J Setefano
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $1,152.00
- Total balance for Tenant to pay Landlord
- $132.00
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Cleaning and rubbish removal | $720.00 | Cleaning and rubbish removal | |
| Wall damage | $200.00 | Wall damage | |
| Key replacement (2 keys @ each | $24.00 | Key replacement (2 keys @ each | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Less rent credit | $180.00 | Less rent credit | |
| Total award | $972.00 | $180.00 | |
| Net award | $132.00 | ||
| Total payable by Tenant to Landlord | $132.00 |
Claims and awards for application 5482430 — net $132.00 NZD. Verify on MoJ.
Cleaning and rubbish removal
- Amount
- $720.00
- Awarded to
- Landlord
- Reason
- Cleaning and rubbish removal
Wall damage
- Amount
- $200.00
- Awarded to
- Landlord
- Reason
- Wall damage
Key replacement (2 keys @ each
- Amount
- $24.00
- Awarded to
- Landlord
- Reason
- Key replacement (2 keys @ each
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Less rent credit
- Amount
- $180.00
- Awarded to
- Tenant
- Reason
- Less rent credit
Total award
Landlord $972.00 · Tenant $180.00
Net award
Landlord $132.00
Total payable by Tenant to Landlord
Landlord $132.00
Claim types — money lines allowed on this order
Order
- Reuben Authur Kimber’s tenancy is terminated and Studious Village Limited is granted possession of the boarding house room and all facilities of the boarding house at Room B, 38 Middleton Road, upper riccarton, Christchurch 8041. This order takes effect from 11.59 pm on Thursday 7 May 2026.
- The Bond Centre is to pay the bond of $660.00 (BN-17594951) to Studious Village Limited immediately.
- Reuben Authur Kimber must pay Studious Village Limited $132.00 immediately, calculated as shown in the table below:
Reasons
- The hearing was convened by video conference on 7 May 2026. The landlord attended. The tenant did not attend. The Tribunal attempted to contact the tenant on the contact number provided in the application but without success. I am satisfied that adequate notice of the hearing was served on the tenant and that the tenant ought reasonably to have been aware of the hearing. I therefore proceeded in the tenant’s absence.
- The landlord has applied for possession of the boarding house room occupied by the tenant together with compensation arising from the condition in which the room was left at the end of the tenancy.
- I apologise for the delay in issuing this decision. The delay has not affected the outcome of the proceedings. The termination and possession orders take effect from the date of the hearing, being 7 May 2026 at 11.59pm, and nothing arising from the delay alters that position. Background
- This was a boarding house tenancy governed by Part 2A of the Residential Tenancies Act 1986. The tenancy commenced on 3 December 2025. The weekly rent was $180.00 and the bond was $660.00.
- On 28 March 2026 the landlord issued a 14-day notice to remedy by email. The notice alleged a series of ongoing breaches of the tenant’s obligations, including causing excessive noise and disturbance, confronting and accusing other tenants, interfering with the quiet enjoyment of other occupants, inappropriate conduct in common areas, and interfering with CCTV equipment located in common areas.
- The landlord advised that the tenant’s conduct had resulted in complaints from other residents and police attendance at the property. The landlord further advised that tenants had reported feeling unsafe and that the behaviour was continuing despite intervention by the landlord.
- The breaches were not remedied within the period specified in the notice. The landlord subsequently filed an application seeking termination and urgent possession.
- Prior to the hearing, the landlord provided a further update advising that on 27 April 2026 the tenant had returned to the property accompanied by his father after reportedly being released from police custody. The following day arrangements were made for the tenant to collect his belongings. The tenant briefly attended but did not return. The tenant’s parents subsequently attended and removed the tenant’s belongings from the room. The landlord advised that the parents stated any remaining items were rubbish and apologised for the circumstances.
- The landlord also supplied photographs showing the condition of the room at the commencement of the tenancy and after the tenant vacated, together with invoices for cleaning and rubbish removal and evidence supporting claims for wall damage and replacement keys. Relevant Law
- This matter is governed by Part 2A of the Residential Tenancies Act 1986.
- Section 66K(2)(d) provides that a tenant of a boarding house must not cause or permit any interference with the reasonable peace, comfort, or privacy of any person residing in the neighbourhood.
- Section 66U provides grounds upon which a boarding house tenancy may be terminated in circumstances involving serious misconduct or conduct endangering persons or property.
- Section 66Y empowers the Tribunal to terminate a boarding house tenancy and grant possession where satisfied that termination is justified.
- Section 66M(c) requires a tenant, upon termination of a boarding house tenancy, to leave the room in a reasonably clean and reasonably tidy condition and remove all rubbish.
- Section 66K(1)(f) requires a tenant to compensate the landlord for damage caused by the tenant or the tenant’s visitors, other than fair wear and tear. Analysis
Has the tenant breached their obligations and is termination justified?
- I am satisfied on the evidence before me that the tenant repeatedly breached obligations owed under Part 2A of the Act.
- The 14-day notice set out a series of concerns relating to disruptive and intimidating behaviour affecting other residents. The allegations included excessive noise, confrontational behaviour towards other tenants, interference with CCTV equipment and conduct which significantly affected the quiet enjoyment of other occupants.
- The landlord’s evidence was detailed and consistent. It was supported by reports from other residents, evidence that police had attended the property, and the landlord’s subsequent updates regarding the tenant’s conduct. The tenant did not attend the hearing to challenge that evidence and has provided no explanation or contrary material.
- I am satisfied that the conduct described constituted interference with the reasonable peace, comfort and privacy of other residents, contrary to section 66K(2)(d) of the Act.
- I am further satisfied that the landlord took reasonable steps by issuing a formal 14-day notice to remedy. The evidence establishes that the conduct was not remedied. Rather, the concerns continued and escalated to the point where other residents reported feeling unsafe.
- In those circumstances, termination of the tenancy was justified. I am satisfied there were proper grounds for termination and that the landlord was entitled to possession under section 66Y of the Act.
- Given the evidence that the tenant had effectively vacated the premises before the hearing and that the landlord required certainty regarding possession, it was appropriate to grant possession effective from 11.59pm on 7 May 2026. Compensation
- The landlord seeks compensation of $720.00 for cleaning and rubbish removal, $200.00 for wall damage and $24.00 for replacement keys.
- The landlord has provided photographs showing the room at the commencement of the tenancy in a clean and undamaged condition and photographs showing the condition in which it was left at the end of the tenancy. The landlord also provided an invoice supporting the cleaning and rubbish removal costs and evidence supporting the wall damage and replacement key claims.
- The evidence establishes that the tenant failed to leave the room in a reasonably clean and reasonably tidy condition and failed to remove rubbish as required by section 66M(c) of the Act.
- The photographs also establish damage to the wall beyond ordinary wear and tear. I am satisfied the landlord’s claim of $200.00 is reasonable and supported by the evidence.
- The landlord’s evidence regarding the replacement keys is also accepted. The landlord advised that the keys were not returned and that the tenant’s father confirmed they had been lost. The replacement cost of $24.00 is reasonable.
- Accordingly, I award compensation of $944.00. Rent Credit The landlord acknowledged that the tenant had a rent credit of $180.00. That amount must be credited against the landlord’s claim. Filing Fee The landlord has been successful and is entitled to reimbursement of the Tribunal filing fee of $28.00.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s66K(1), s66K(2), s66M, s66U, s66Y
Key findings
- Dispute theme: property damage
Property management
- STUDIOUS VILLAGE LIMITED (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5482430?
The tribunal order states: Reuben Authur Kimber’s tenancy is terminated and Studious Village Limited is
How much money was awarded in case 5482430?
Filing Fee: $28.00 awarded to landlord; Less Rent Credit: $180.00 awarded to tenant; Property Damage: $200.00 awarded to landlord; Property Damage: $24.00 awarded to landlord; Rubbish Removal: $720.00 awarded to landlord
What type of tenancy dispute was case 5482430?
The primary dispute was Property damage.
Where can I read the official tribunal order for case 5482430?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13701647-Tenancy_Tribunal_Order.pdf.