Tenantcheck Insights · Case study
Tenancy Tribunal case 5503693 — Rent arrears at 63 William Nicholls Drive, Belfast, Christchurch 8051
Published 28 May 2026 · Application 5503693
Landlord favoured
- Rent arrears
- 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 Setefano
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $3,666.00
- Bond payment as ordered
- −$2,240.00
- Total balance for Tenant to pay Landlord
- $1,426.00
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 24/05/2026 | $1,924.00 | Rent arrears to 24/05/2026 | |
| Carpet Cleaning | $200.00 | Carpet Cleaning | |
| Oven/stove cleaning | $115.00 | Oven/stove cleaning | |
| Replace missing garage remote x2 | $140.00 | Replace missing garage remote x2 | |
| Replace missing green wheelie bin | $109.00 | Replace missing green wheelie bin | |
| Rubbish removal/disposal | $150.00 | Rubbish removal/disposal | |
| Repainting/repairs in bedroom | $300.00 | Repainting/repairs in bedroom | |
| Cleaning | $400.00 | Cleaning | |
| Lock/key replacement | $300.00 | Lock/key replacement | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $1,426.00 | ||
| Total payable by Tenant to Landlord | $1,426.00 |
Claims and awards for application 5503693 — net $1,426.00 NZD. Verify on MoJ.
Rent arrears to 24/05/2026
- Amount
- $1,924.00
- Awarded to
- Landlord
- Reason
- Rent arrears to 24/05/2026
Carpet Cleaning
- Amount
- $200.00
- Awarded to
- Landlord
- Reason
- Carpet Cleaning
Oven/stove cleaning
- Amount
- $115.00
- Awarded to
- Landlord
- Reason
- Oven/stove cleaning
Replace missing garage remote x2
- Amount
- $140.00
- Awarded to
- Landlord
- Reason
- Replace missing garage remote x2
Replace missing green wheelie bin
- Amount
- $109.00
- Awarded to
- Landlord
- Reason
- Replace missing green wheelie bin
Rubbish removal/disposal
- Amount
- $150.00
- Awarded to
- Landlord
- Reason
- Rubbish removal/disposal
Repainting/repairs in bedroom
- Amount
- $300.00
- Awarded to
- Landlord
- Reason
- Repainting/repairs in bedroom
Cleaning
- Amount
- $400.00
- Awarded to
- Landlord
- Reason
- Cleaning
Lock/key replacement
- Amount
- $300.00
- Awarded to
- Landlord
- Reason
- Lock/key replacement
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $1,426.00
Total payable by Tenant to Landlord
Landlord $1,426.00
Claim types — money lines allowed on this order
Order
- The landlord is granted possession of the premises. Possession is confirmed as having been returned to the landlord on 24 May 2026.
- James Taylor must pay Fiona May Buick $1,426.00 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $2,240.00 (6413560-004) to Fiona May Buick immediately.
- Pursuant to section 62 of the Residential Tenancies Act 1986, the landlord is granted a disposal order in respect of the items left behind at the premises.
Reasons
- The landlord originally filed an application seeking possession of the premises following service of a 90-day termination notice dated 8 January 2026, requiring the tenancy to end on 9 April 2026. The notice complies with the requirements of the Residential Tenancies Act 1986 (“the Act”). Despite extensions being provided to the tenant after expiry of the notice period, the tenant failed to vacate the premises. The landlord therefore applied to the Tribunal for possession and associated monetary claims.
- The hearing was held by teleconference on 27 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 the tenant ought reasonably to have been aware of the hearing and has chosen not to make themselves available. I considered it reasonable to proceed in the tenant’s absence.
- The tenancy commenced on 7 May 2021. The weekly rent was $650.00 and the bond was $2,240.00.
- At the hearing, the landlord advised that the tenant had vacated the premises around 17 May 2026. However, the tenant left flatmates remaining in occupation. The landlord explained that the flatmates were unaware of the 90- day notice issued to the tenant and required assistance to vacate the premises. The landlord ultimately regained possession on 24 May 2026.
- The landlord seeks rent arrears and compensation for various losses and damage following the end of the tenancy. Possession
- Section 51 of the Act permits a landlord to terminate a periodic tenancy by giving a valid 90-day notice. The notice provided by the landlord was in order. The tenancy therefore validly ended on 9 April 2026.
- Under section 64 of the Act, where a tenancy has ended and the tenant remains in occupation, the Tribunal may make an order for possession. Although the tenant vacated prior to the hearing, the premises continued to be occupied by persons left behind by the tenant. The landlord did not regain vacant possession until 24 May 2026.
- In the circumstances, it is appropriate to confirm possession in favour of the landlord effective from 24 May 2026. Rent arrears
- Section 40(1)(a) of the Act requires a tenant to pay rent when due. The landlord produced a rent summary. I accept there were rent arrears of $1,924.00 to 24 May 2026. There is no evidence before me disputing that amount. I am satisfied the arrears claimed are properly established and recoverable. Compensation claims
- Under section 40(1)(e) of the Act, tenants must leave the premises reasonably clean and reasonably tidy at the end of the tenancy. Under section 41, tenants are responsible for damage caused intentionally or carelessly by the tenant or persons permitted on the premises.
- The landlord provided photographic evidence supporting the claims for cleaning, rubbish removal, wall repainting, missing items, and lock replacement. While formal invoices were not produced, the landlord explained that much of the work would be carried out personally. The Tribunal may nevertheless award reasonable compensation where loss has been adequately proven.
- I am satisfied the carpet cleaning and oven cleaning costs were reasonably incurred due to the condition in which the premises were left. The general cleaning claim of $400.00 is also reasonable having regard to the photographic evidence showing the premises were not left in the standard required by section 40(1)(e).
- The landlord also proved that two garage remotes and the green wheelie bin were missing at the conclusion of the tenancy. The replacement costs claimed of $140.00 are modest and reasonable.
- The landlord claims $150.00 for rubbish removal and disposal. The evidence establishes that items were left behind at the premises following the tenant’s departure. The items had no apparent value and that reasonable attempts were made to contact the tenant without success. I accept the disposal costs claimed as reasonable.
- The landlord also claims $300.00 for repainting damage to a bedroom wall. The photographs support that the damage exceeded fair wear and tear and required remedial work. The amount claimed is reasonable.
- Finally, the landlord claims $300.00 for changing locks. Given the tenant failed to properly return possession and the circumstances surrounding the occupants remaining at the premises after termination, I accept it was reasonable for the landlord to change the locks to secure the property.
- Overall, I am satisfied the landlord has established each compensation claim on the balance of probabilities. Disposal order
- Section 62 of the Act permits the Tribunal to make orders authorising a landlord to dispose of goods left behind at premises following the end of a tenancy. I am satisfied the goods left behind were of no apparent value, reasonable efforts were made to contact the tenant, and a disposal order is appropriate in the circumstances. Filing fee
- The landlord has been wholly successful. Pursuant to section 102 of the Act, it is appropriate that the tenant reimburse the landlord for the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s10, s102, s40(1), s41, s51, s62, s64, s9
Key findings
- Dispute theme: rent arrears
- Dispute theme: cleaning
- Dispute theme: property damage
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5503693?
The tribunal order states: The landlord is granted possession of the premises. Possession is confirmed as
How much money was awarded in case 5503693?
Cleaning: $200.00 awarded to landlord; Cleaning: $115.00 awarded to landlord; Cleaning: $400.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; Rent Arrears: $1,924.00 awarded to landlord; Replace Missing Garage Remote X2: $140.00 awarded to landlord; Replace Missing Green Wheelie Bin: $109.00 awarded to landlord; Rubbish Removal: $150.00 awarded to landlord
What type of tenancy dispute was case 5503693?
The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.
Where can I read the official tribunal order for case 5503693?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13667436-Tenancy_Tribunal_Order.pdf.