Tenantcheck Insights · Case study
Tenancy Tribunal case 5487287 — Rent arrears at Unit/Flat 2, 76 Hinau Street, Riccarton, Christchurch 8041
Published 4 May 2026 · Application 5487287
Landlord favoured
- Rent arrears
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Christchurch
Tribunal region
Adjudicator
S Young
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $3,164.79
- Bond payment as ordered
- −$2,055.00
- Total balance for Tenant to pay Landlord
- $1,109.79
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears | $2,886.79 | Rent arrears | |
| Window repairs: Insurance excess | $250.00 | Window repairs: Insurance excess | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $1,109.79 | ||
| Total payable by Tenant to Landlord | $1,109.79 |
Claims and awards for application 5487287 — net $1,109.79 NZD. Verify on MoJ.
Rent arrears
- Amount
- $2,886.79
- Awarded to
- Landlord
- Reason
- Rent arrears
Window repairs: Insurance excess
- Amount
- $250.00
- Awarded to
- Landlord
- Reason
- Window repairs: Insurance excess
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $1,109.79
Total payable by Tenant to Landlord
Landlord $1,109.79
Claim types — money lines allowed on this order
Order
- Daniel James Clarke and Nicole Emily Lorraine Calvert must pay The Good Girls Property Management Limited $1,109.79 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $2,055.00 (BN-00104747) to The Good Girls Property Management Limited immediately.
Reasons
- Both parties attended the remote hearing.
- 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 landlord withdrew the application for termination, as the tenancy had ended.
How much is owed for rent?
- The tenancy ended on 19 April 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy was $2,886.79. The tenant wasn’t sure of the exact amount owing but thought the amount claimed was about right. I consider that it is more likely than not that the figure is correct.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
- 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. The landlord is insured. The policy of insurance carries an excess of $250.00 for damage to windows and $550.00 for all other types of damage.
- 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 following damage was caused during the tenancy: The landlord says that an upstairs window was broken. The tenant did not know how it had been broken and suggested a stone form a neighbour’s lawnmower as a possible cause. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord is insured and the excess is $250.00 for damage of this nature. The tenant is ordered to pay $250.00. The landlord says that doors were broken. The tenant says that the doors were damaged during a burglary. Evidence of the police report of the burglary was provided by the tenant. I consider that the tenant has proven that the damage was not caused by the tenant and the claim by the landlord is dismissed.
- The amounts ordered are proven.
- As The Good Girls Property Management Limited has substantially succeeded with the claim I have ordered the tenants to reimburse the filing fee.
- The tenants have applied for name suppression. The tenants have not been wholly or substantially successful in this hearing and the tenants’ application for name suppression is dismissed.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(2), s49B, s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: rent arrears
- Dispute theme: property damage
Property management
- THE GOOD GIRLS PROPERTY MANAGEMENT LIMITED (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5487287?
The tribunal order states: Daniel James Clarke and Nicole Emily Lorraine Calvert must pay The Good Girls
How much money was awarded in case 5487287?
Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,886.79 awarded to landlord; Property Damage: $250.00 awarded to landlord
What type of tenancy dispute was case 5487287?
The primary dispute was Rent arrears. Related themes: Property damage.
Where can I read the official tribunal order for case 5487287?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13541153-Tenancy_Tribunal_Order.pdf.