Published tribunal order
Tenancy Tribunal case 5181732 — Property damage at 32C Station Road, Takanini, Takanini 2112
Decided 26 Aug 2025 · Published 26 Aug 2025 · Application 5181732
- Property damage
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
- Rachelle Hairawhiti Te Poono must pay [The landlord/s] $15,000.00 immediately, calculated as shown in table below.
Reasons
- Only the landlord attended the hearing.
- The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy.
- The tenancy ended on 14 August 2024 after eviction proceedings were carried out by the landlord.
Did the tenant 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
- The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
- The tenant did not return the keys. The premises had to be secured due to eviction proceedings having been carried out.
- The amounts ordered are proved.
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 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.
- 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: walls and doors. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The tenant has also committed a breach of the provisions of the tenancy agreement and of the RTA by using methamphetamine on the property. This is an unlawful act.
- Methamphetamine levels of up to 16.6μ/100cm2 (in the kitchen) and
- 7μ/100cm2 (in the second bedroom) have been recorded after the tenancy had ended.
- The amounts claimed for methamphetamine testing and decontamination costs are proved.
- The landlord has capped their claim to $15,000.00.