Published tribunal order
Tenancy Tribunal case 5188851 — Property damage at 41A John Downs Drive, Browns Bay, Auckland 0630
Decided 14 Apr 2025 · Published 14 Apr 2025 · Application 5188851
Landlord favoured
- Property damage
Order
- Megan Gloria Phillips must pay Kāinga Ora–Homes And Communities $657.05 immediately, calculated as shown in table below.
Reasons
- Only the representative for the applicant attended the hearing. Ms Phillips could not be contacted. The landlord has applied for a compensation order as the tenant has caused damage to the premises, during the tenancy and the landlord has repaired the damage.
How much is owed for repair costs?
- The landlord provided evidence including repair invoices and photographs which prove that several walls and a door frame have been damaged during the tenancy. The evidence also shows that the damage is more than fair wear and tear.
- The tenant has not proven that she (or someone at the premises with her permission) has not carelessly or intentionally caused or permitted the damage. See sections 40(2)(a), 41 and 49B RTA.
- The amounts ordered are proved. The tenant has subsequently made some payments towards the repair cost and these amounts are deducted from the amount ordered.
- I have not taken into account betterment and depreciation. The landlord has claimed only reasonable repair costs for the actual damaged areas.
- Name suppression was not requested.