What was the outcome of Tenancy Tribunal case 5235011?

The tribunal order states: Summa-Rose Karaitiana must pay Brian Willis $8,509.00 immediately,

How much money was awarded in case 5235011?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,550.00 awarded to landlord; Property Damage: $6,532.00 awarded to landlord

What type of tenancy dispute was case 5235011?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5235011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11994882-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5235011?

The tribunal order states: Summa-Rose Karaitiana must pay Brian Willis $8,509.00 immediately,

How much money was awarded in case 5235011?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,550.00 awarded to landlord; Property Damage: $6,532.00 awarded to landlord

What type of tenancy dispute was case 5235011?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5235011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11994882-Tenancy_Tribunal_Order.pdf.

5 Bird Grove, Stokes Valley, Lower Hutt 5019 Tenancy Tribunal Case 5235011 — Property damage

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5 Bird Grove, Stokes Valley, Lower Hutt 5019 Tenancy Tribunal Case 5235011 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5235011 — net $8,509.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,550.00	Rent arrears
Repairs: floor damage, wall damage, cupboard doors, wardrobe doors	$6,532.00	Repairs: floor damage, wall damage, cupboard doors, wardrobe doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$8,509.00
Total payable by Tenant to Landlord	$8,509.00

Claims and awards for application 5235011 — net $8,509.00 NZD. Verify on MoJ.

Rent arrears

Amount: $4,550.00
Awarded to: Landlord
Reason: Rent arrears

Repairs: floor damage, wall damage, cupboard doors, wardrobe doors

Amount: $6,532.00
Awarded to: Landlord
Reason: Repairs: floor damage, wall damage, cupboard doors, wardrobe doors

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $8,509.00

Total payable by Tenant to Landlord

Landlord $8,509.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

Summa-Rose Karaitiana must pay Brian Willis $8,509.00 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant made no appearance. I am satisfied that the notice of hearing was correctly served and conducted the hearing in her absence.
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?

The tenancy ended on 4 May 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. There was pattern of non-payment after the tenant’s partner was not present at the tenancy. The arrears are proven and $4550 is owed.

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.
There was damage which included: a. A kitchen cabinet sliding drawer which had been ripped off, requiring the replacement of the unit, this damage appears to have been intentional; b. Louvre slats in a wardrobe door which had been smashed, this damage appears to be intentional; c. The polished wooden floors were heavily scratched by dog claws and needed to be resanded and polished, the tenancy agreement allows for a dog but notes that any damage will be remedied. d. Walls thorough the house were damaged by furniture and in one room a hole was caused by a round object being punched through a wall. e. Windows in the garage had been broken. f. Curtain rails had been pulled out of the wall.
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. The excess is $1250.
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 house had been newly renovated immediately before the tenancy began. The damage is a type which was either intentional or careless and appears to have occurred due to a number of separate instances of damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5235011 — net $8,509.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,550.00	Rent arrears
Repairs: floor damage, wall damage, cupboard doors, wardrobe doors	$6,532.00	Repairs: floor damage, wall damage, cupboard doors, wardrobe doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$8,509.00
Total payable by Tenant to Landlord	$8,509.00

Claims and awards for application 5235011 — net $8,509.00 NZD. Verify on MoJ.

Rent arrears

Amount: $4,550.00
Awarded to: Landlord
Reason: Rent arrears

Repairs: floor damage, wall damage, cupboard doors, wardrobe doors

Amount: $6,532.00
Awarded to: Landlord
Reason: Repairs: floor damage, wall damage, cupboard doors, wardrobe doors

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $8,509.00

Total payable by Tenant to Landlord

Landlord $8,509.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

Summa-Rose Karaitiana must pay Brian Willis $8,509.00 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant made no appearance. I am satisfied that the notice of hearing was correctly served and conducted the hearing in her absence.
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?

The tenancy ended on 4 May 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. There was pattern of non-payment after the tenant’s partner was not present at the tenancy. The arrears are proven and $4550 is owed.

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.
There was damage which included: a. A kitchen cabinet sliding drawer which had been ripped off, requiring the replacement of the unit, this damage appears to have been intentional; b. Louvre slats in a wardrobe door which had been smashed, this damage appears to be intentional; c. The polished wooden floors were heavily scratched by dog claws and needed to be resanded and polished, the tenancy agreement allows for a dog but notes that any damage will be remedied. d. Walls thorough the house were damaged by furniture and in one room a hole was caused by a round object being punched through a wall. e. Windows in the garage had been broken. f. Curtain rails had been pulled out of the wall.
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. The excess is $1250.
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 house had been newly renovated immediately before the tenancy began. The damage is a type which was either intentional or careless and appears to have occurred due to a number of separate instances of damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Tenancy Tribunal case 5235011 — Property damage at 5 Bird Grove, Stokes Valley, Lower Hutt 5019

At a glance

Tenancy Tribunal case 5235011 — Property damage at 5 Bird Grove, Stokes Valley, Lower Hutt 5019

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions