Published tribunal order
Tenancy Tribunal case 5206211 — Property damage at Unit/Flat E, 2 Melleray Place, Randwick Park, Auckland
Decided 6 Jan 2026 · Published 6 Jan 2026 · Application 5206211
- Property damage
- Cleanliness
- Leaks
Order
- [The party], [The party] and [The party] must pay Landed Property Management Limited (T/A Harcourts Landed) - As Agent For Waipukurau Trust $795.00 from the bond immediately, being rent arrears as at 30 September 2024 when the tenancy was varied and [The party] exited the property.
- [The party], and [The party] must pay Landed Property Management Limited (T/A Harcourts Landed) - As Agent For Waipukurau Trust $6,664.59 immediately being (i)$3,824.27 rent arrears from 1 October 2024 to 28 February 2025 when [The party] exited the property and (ii)$2,500.91 compensation and the filing fee, being $4,885.91 damages less the remaining bond of $2,385.00 (after $795.00 is deducted for rent owed by all the tenants on 30 September 2024).
- [The party], must pay Landed Property Management Limited (T/A Harcourts Landed) - As Agent For Waipukurau Trust $2,157.85 immediately being rent from 1 March 2025 to 19 March when the tenancy ended.
- The amount to pay is calculated as follows: DescriptionLandlord Total rent owed to the landlord during the tenancy with tenants’ liability set out in orders 1 to 3 above: $6,777.12 Rubbish removal$575.00 Plumbing tenant caused blockage$149.50 Water rates owed by [The party], and [The party] $339.41 Walls repair paint$2,875.00 Replace entrance door cover$57.50 Repairs: Toilet seat$172.50 Repairs: locks, handles, front gate$172.50 Cleaning$517.50 Filing fee reimbursement$27.00 Total award$11,663.03 Bond$3,180.00 Total payable by Tenant to Landlord$8,483.03
Reasons
- All parties eventually attended the teleconference 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. How much is owed for rent and water rates
- The respondents began a tenancy on 21 August 2024. During the tenancy there was a variation. [The party] left the tenancy at the end of September 2024. [The party] left the tenancy on 28 February 2025. [The party] continued living at the property until 19 March 2025.
- When [The party] left the tenancy the tenants owed $795.00 in rent. It is reasonable that that amount be paid from the bond. The water rates were not in arrears when [The party] left the tenancy. Therefore, because the $795.00 can be paid from the bond, [The party] has no responsibility for any further rent arrears.
- When [The party] left the tenancy on 28 February 2025 the rent arrears amounted to $3,824.27. Both [The party] and [The party] are liable for those arrears. They are also liable for unpaid water rates.
- When the tenancy ended on 19 March 2025 a further $2,157.85 was owed for rent arrears. This was owed by [The party] who was the only occupant after 28 February 2025.
- The landlord provided rent records and water rates invoices, which prove the amount owing at the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
- At the end of the tenancy, the tenants 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 tenants can be liable for damage to the property.
- When [The party] left the tenancy in September, there was no claim against him by the landlord for cleaning or damage to the property. [The party] and [The party] did not provide evidence to support a claim that [The party] left the premises in an unclean condition or with damage. It is reasonable for the Tribunal to determine that the state of the property at the end of the tenancy was due to [The party] and [The party]’s conduct.
- The tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Work on locks was required at the end of the tenancy.
- The landlord provided photos and invoices in support of the claim.
- 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 tenants caused a blockage in the toilet during the tenancy. That contractor callout is a tenant liability.
- There was significant damage to walls. They required patching, sealing and painting.
- The landlord provided photos and invoices in support of the claim.
- I am satisfied that the damage was caused during the tenancy and is more than fair wear and tear. The tenants have not disproved liability for the damage.
- The amounts ordered are proved. Filing fee
- Because the landlord has been partly successful with the claim the filing fee of $27.00 is ordered to be paid by the tenants [The party] and [The party]. P. Singh 06 January 2026