What was Tenancy Tribunal case 5237851 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5237851?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,000.00 awarded to landlord; Holes In Walls: $286.35 awarded to landlord; Windows: $690.53 awarded to landlord

What type of tenancy dispute was case 5237851?

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

Where can I read the official tribunal order for case 5237851?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12197032-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5237851 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5237851?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,000.00 awarded to landlord; Holes In Walls: $286.35 awarded to landlord; Windows: $690.53 awarded to landlord

What type of tenancy dispute was case 5237851?

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

Where can I read the official tribunal order for case 5237851?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12197032-Tribunal_Order_Redacted.pdf.

74 Division Road, Okaiawa, RD 11, Hawera 4671 Tenancy Tribunal Case 5237851 — Rent arrears

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5237851 — net $2,003.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 April 2025	$1,000.00	Rent arrears to 15 April 2025
Repairs: windows	$690.53	Repairs: windows
Repairs: holes in walls	$286.35	Repairs: holes in walls
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,003.88
Total payable by Tenant to Landlord	$2,003.88

The landlord attended the hearing on 31 July 2025. The tenant did not.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

As noted by the District Court in Katipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ...[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit of not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence at the hearing). I must weigh this evidence to decide what is more likely.

RENT ARREARS

The landlord gave evidence the tenancy ended on 17 April 2025 when the tenant vacated the premises. I accept the landlord’s evidence.

The landlord submitted a rent summary, which goes up to 15 April 2025. This is the date the landlord seeks rent arrears up to.

The rent summary proves rent arrears are $1,000.00 up to 15 April 2025.

The landlord’s claim for rent arrears is granted for $1,000.00.

DAMAGE

The law

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. 1

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 1 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B. four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). 2

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). 3 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 4

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. 5

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. Analysis

The landlord submitted photographs of the premises taken at the end of the tenancy. These photographs show three broken windows in the following areas: a. Front door b. Kitchen c. Bedroom

The photographs also show holes in the walls in the hallway and bedroom.

The landlord gave evidence that no windows or walls were damaged at the beginning of the tenancy. I accept the landlord’s evidence.

On the balance of probabilities, I am convinced that the tenant or a person in the premises with the tenant’s permission, damaged the windows in the front door, kitchen and bedroom during the tenancy. I am also convinced that the walls in the hallway and bedroom were damaged during the tenancy.

The damage is more than fair wear and tear and the tenant has not disproved liability. I consider it more likely than not that the damage was intentional.

The landlord did not file a claim with their insurer, as the excess would most likely exceed the repair costs. 2 Residential Tenancies Act 1986, section 49B(3)(a). 3 Residential Tenancies Act 1986, section 49B(3)(b). 4 Residential Tenancies Act 1986, section 49B(3A)(a). 5 Residential Tenancies Act 1986, section 49B(1).

The landlord has had the windows repaired at a cost of $690.53 and submitted an invoice for this amount.

The landlord has also had the holes in the walls repaired and submitted an invoice for $286.35.

The landlord’s claim for compensation is granted for the following amounts: a. Repairs to windows:$690.53 b. Repairs to walls:$286.35

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. FILING FEE & NAME SUPPRESSION

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and grant their request for name suppression.

Reasons

Claims and awards in Tenancy Tribunal application 5237851 — net $2,003.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 April 2025	$1,000.00	Rent arrears to 15 April 2025
Repairs: windows	$690.53	Repairs: windows
Repairs: holes in walls	$286.35	Repairs: holes in walls
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,003.88
Total payable by Tenant to Landlord	$2,003.88

The landlord attended the hearing on 31 July 2025. The tenant did not.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

RENT ARREARS

The landlord gave evidence the tenancy ended on 17 April 2025 when the tenant vacated the premises. I accept the landlord’s evidence.

The landlord submitted a rent summary, which goes up to 15 April 2025. This is the date the landlord seeks rent arrears up to.

The rent summary proves rent arrears are $1,000.00 up to 15 April 2025.

The landlord’s claim for rent arrears is granted for $1,000.00.

DAMAGE

The law

The landlord submitted photographs of the premises taken at the end of the tenancy. These photographs show three broken windows in the following areas: a. Front door b. Kitchen c. Bedroom

The photographs also show holes in the walls in the hallway and bedroom.

The landlord gave evidence that no windows or walls were damaged at the beginning of the tenancy. I accept the landlord’s evidence.

The damage is more than fair wear and tear and the tenant has not disproved liability. I consider it more likely than not that the damage was intentional.

The landlord has had the windows repaired at a cost of $690.53 and submitted an invoice for this amount.

The landlord has also had the holes in the walls repaired and submitted an invoice for $286.35.

The landlord’s claim for compensation is granted for the following amounts: a. Repairs to windows:$690.53 b. Repairs to walls:$286.35

The amounts ordered are proved.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and grant their request for name suppression.

Tenancy Tribunal case 5237851 — Rent arrears at 74 Division Road, Okaiawa, RD 11, Hawera 4671

At a glance

Tenancy Tribunal case 5237851 — Rent arrears at 74 Division Road, Okaiawa, RD 11, Hawera 4671

At a glance

Award balance

Claims & awards

Order

Reasons

RENT ARREARS

DAMAGE

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

RENT ARREARS

DAMAGE

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions