What was the outcome of Tenancy Tribunal case 5495316?

The tribunal order states: Jacob Woods must pay Dwayne Kemp $1,582.51, calculated as shown in the

How much money was awarded in case 5495316?

Advertising Cost: $287.50 awarded to landlord; Cleaning: $355.01 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $285.00 awarded to landlord; Property Damage: $11.00 awarded to landlord; Property Damage: $36.00 awarded to landlord; Rent: $560.00 awarded to landlord

What type of tenancy dispute was case 5495316?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5495316?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13577877-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5495316?

The tribunal order states: Jacob Woods must pay Dwayne Kemp $1,582.51, calculated as shown in the

How much money was awarded in case 5495316?

Advertising Cost: $287.50 awarded to landlord; Cleaning: $355.01 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $285.00 awarded to landlord; Property Damage: $11.00 awarded to landlord; Property Damage: $36.00 awarded to landlord; Rent: $560.00 awarded to landlord

What type of tenancy dispute was case 5495316?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5495316?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13577877-Tenancy_Tribunal_Order.pdf.

Room 2, Unit/Flat Unit 3F, 15 Whitaker Place, Grafton, Tenancy Tribunal Case 5495316 — Cleanliness

Order

Claims and awards in Tenancy Tribunal application 5495316 — net $1,582.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 10 May 2026	$560.00	Rent to 10 May 2026
Cleaning	$355.01	Cleaning
Replacement blinds	$285.00	Replacement blinds
Replacement cushion	$11.00	Replacement cushion
Repayment of loan from bond	$500.00	Repayment of loan from bond
Replacement picture	$36.00	Replacement picture
Advertising cost	$287.50	Advertising cost
Filing fee	$28.00	Filing fee
Net award	$1,582.51
Total payable by Tenant to Landlord	$1,582.51

Jacob Woods must pay Dwayne Kemp $1,582.51, calculated as shown in the table below.

The tenant must pay the debt in order 1 at the rate of $30.00 per week.

The first payment must be made on Tuesday 19 May 2026 and payments must continue every Tuesday until the debt is paid in full.

If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

The Bond Centre is to pay the bond of $480.00 (25102971) to Dwayne Kemp immediately.

Reasons

Both parties attended the videoconference hearing on 11 May 2026. The Tribunal called the tenant by telephone when he did not attend by video. Background

The parties signed a residential tenancy agreement for a fixed term from 17 January 2026 to 16 July 2026. The tenancy was for a room in a 2-bedroom unit with a bond of $980.00.

The landlord served notices of anti-social behaviour dated 20 March 2026, 22 March 2026, and 20 April 2026. The first two alleged instances of anti-social behaviour caused the occupant of the other room to move out. Their replacement also moved out after a further similar incident.

The landlord applied to the Tribunal for termination on 22 April 2026. The landlord relied on section 55A of the Residential Tenancies Act 1986 (the Act) which only applies to periodic tenancies. The required notices under section 55A had been given.

In an email on 22 April 2026, the landlord said he would like the tenant to start looking for another place to live and asked whether he could vacate over the weekend.

The tenant moved out, and prior to the hearing the landlord added claims for rent, cleaning, and replacement chattels. The landlord also sought repayment of $500.00 loaned to the tenant from the bond, to help him find alternative accommodation. Rent Arrears

The landlord claimed rent for 25 and 26 April 2026 ($70.00). The tenant’s rent payment did not cover the final two days of his tenancy. The landlord also claimed loss of rent from 27 April 2026 to 10 May 2026 ($490.00). The landlord has only been able to find a new tenant for the room from 11 May 2026.

The tenant agreed to rent the premises until 16 July 2026. The tenant was contractually liable to pay the rent for that period. The landlord has mitigated his loss by finding a new tenant to pay the rent. The tenant also takes the benefit of this. I award the amounts claimed for rent. Cleaning and Replacement Chattels

The landlord provided photographs showing that the room occupied by the tenant was mouldy at the end of the tenancy. There were red stains inside the door. Photographs of both rooms in the unit at the start of the tenancy show them in clean condition. The tenant said he ventilated the room regularly and suggested there could be an issue under the Healthy Homes Standards.

There is no evidence indicating that the premises do not comply with the Healthy Homes Standards or have not been properly maintained. The tenant accepted that he did not raise the mould issue with the landlord and said it got out of control. I award the cost of cleaning ($355.01) the cost of a replacement blind damaged by mould ($285.00) and a replacement cushion ($11.00). A wall picture was mouldy and had to be replaced ($36.00). Advertising Cost

The landlord claimed $287.50 for the cost of readvertising the property. Section 44A of the Act allows these costs to be recovered where the landlord consents to an assignment, subletting, or surrender of the tenancy. None of these scenarios seem to apply. The tenant left after an application for termination was made and with encouragement to leave from the landlord.

Even though section 44A does not apply, I consider that the landlord can recover the cost of advertising as an expense in mitigating the loss – the landlord had to readvertise because the other occupants left due to the tenant’s alleged behaviour. Filing Fee and Name Suppression

The landlord’s application has been successful. I award the filing fee.

The tenant sought suppression. However, the tenant has not succeeded in the proceeding. I decline suppression.

Claims and awards in Tenancy Tribunal application 5495316 — net $1,582.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 10 May 2026	$560.00	Rent to 10 May 2026
Cleaning	$355.01	Cleaning
Replacement blinds	$285.00	Replacement blinds
Replacement cushion	$11.00	Replacement cushion
Repayment of loan from bond	$500.00	Repayment of loan from bond
Replacement picture	$36.00	Replacement picture
Advertising cost	$287.50	Advertising cost
Filing fee	$28.00	Filing fee
Net award	$1,582.51
Total payable by Tenant to Landlord	$1,582.51

Order

Jacob Woods must pay Dwayne Kemp $1,582.51, calculated as shown in the table below.
The tenant must pay the debt in order 1 at the rate of $30.00 per week.
The first payment must be made on Tuesday 19 May 2026 and payments must continue every Tuesday until the debt is paid in full.
If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
The Bond Centre is to pay the bond of $480.00 (25102971) to Dwayne Kemp immediately.

Reasons

Both parties attended the videoconference hearing on 11 May 2026. The Tribunal called the tenant by telephone when he did not attend by video. Background
The parties signed a residential tenancy agreement for a fixed term from 17 January 2026 to 16 July 2026. The tenancy was for a room in a 2-bedroom unit with a bond of $980.00.
The landlord served notices of anti-social behaviour dated 20 March 2026, 22 March 2026, and 20 April 2026. The first two alleged instances of anti-social behaviour caused the occupant of the other room to move out. Their replacement also moved out after a further similar incident.
The landlord applied to the Tribunal for termination on 22 April 2026. The landlord relied on section 55A of the Residential Tenancies Act 1986 (the Act) which only applies to periodic tenancies. The required notices under section 55A had been given.
In an email on 22 April 2026, the landlord said he would like the tenant to start looking for another place to live and asked whether he could vacate over the weekend.
The tenant moved out, and prior to the hearing the landlord added claims for rent, cleaning, and replacement chattels. The landlord also sought repayment of $500.00 loaned to the tenant from the bond, to help him find alternative accommodation. Rent Arrears
The landlord claimed rent for 25 and 26 April 2026 ($70.00). The tenant’s rent payment did not cover the final two days of his tenancy. The landlord also claimed loss of rent from 27 April 2026 to 10 May 2026 ($490.00). The landlord has only been able to find a new tenant for the room from 11 May 2026.
The tenant agreed to rent the premises until 16 July 2026. The tenant was contractually liable to pay the rent for that period. The landlord has mitigated his loss by finding a new tenant to pay the rent. The tenant also takes the benefit of this. I award the amounts claimed for rent. Cleaning and Replacement Chattels
The landlord provided photographs showing that the room occupied by the tenant was mouldy at the end of the tenancy. There were red stains inside the door. Photographs of both rooms in the unit at the start of the tenancy show them in clean condition. The tenant said he ventilated the room regularly and suggested there could be an issue under the Healthy Homes Standards.
There is no evidence indicating that the premises do not comply with the Healthy Homes Standards or have not been properly maintained. The tenant accepted that he did not raise the mould issue with the landlord and said it got out of control. I award the cost of cleaning ($355.01) the cost of a replacement blind damaged by mould ($285.00) and a replacement cushion ($11.00). A wall picture was mouldy and had to be replaced ($36.00). Advertising Cost
The landlord claimed $287.50 for the cost of readvertising the property. Section 44A of the Act allows these costs to be recovered where the landlord consents to an assignment, subletting, or surrender of the tenancy. None of these scenarios seem to apply. The tenant left after an application for termination was made and with encouragement to leave from the landlord.
Even though section 44A does not apply, I consider that the landlord can recover the cost of advertising as an expense in mitigating the loss – the landlord had to readvertise because the other occupants left due to the tenant’s alleged behaviour. Filing Fee and Name Suppression
The landlord’s application has been successful. I award the filing fee.
The tenant sought suppression. However, the tenant has not succeeded in the proceeding. I decline suppression.

Tenancy Tribunal case 5495316 — Cleanliness at Room 2, Unit/Flat Unit 3F, 15 Whitaker Place, Grafton,

At a glance

Tenancy Tribunal case 5495316 — Cleanliness at Room 2, Unit/Flat Unit 3F, 15 Whitaker Place, Grafton,

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions