What was Tenancy Tribunal case 5243571 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes and Communities

How much money was awarded in case 5243571?

Light Switch: Bedroom 1: $29.00 awarded to landlord; Light Switch: Living Room: $57.66 awarded to landlord; Previous Order (5243571) Dated 14/8/…: $3,213.17 awarded to landlord; Property Damage: $129.54 awarded to landlord; Property Damage: $323.85 awarded to landlord; Property Damage: $129.54 awarded to landlord; Property Damage: $64.77 awarded to landlord; Property Damage: $259.08 awarded to landlord; Property Damage: $367.44 awarded to landlord; Property Damage: $977.99 awarded to landlord; Property Damage: $27.07 awarded to landlord; Property Damage: $40.18 awarded to landlord

What type of tenancy dispute was case 5243571?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5243571?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12447800-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5243571 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes and Communities

How much money was awarded in case 5243571?

Light Switch: Bedroom 1: $29.00 awarded to landlord; Light Switch: Living Room: $57.66 awarded to landlord; Previous Order (5243571) Dated 14/8/…: $3,213.17 awarded to landlord; Property Damage: $129.54 awarded to landlord; Property Damage: $323.85 awarded to landlord; Property Damage: $129.54 awarded to landlord; Property Damage: $64.77 awarded to landlord; Property Damage: $259.08 awarded to landlord; Property Damage: $367.44 awarded to landlord; Property Damage: $977.99 awarded to landlord; Property Damage: $27.07 awarded to landlord; Property Damage: $40.18 awarded to landlord

What type of tenancy dispute was case 5243571?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5243571?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12447800-Tribunal_Order.pdf.

Unit/Flat 3, 125 Favona Road, Favona, Auckland 2024 Tenancy Tribunal Case 5243571 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5243571 — net $5,619.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order (5243571) dated 14/8/2025	$3,213.17	Previous order (5243571) dated 14/8/2025
Repairs to dining room walls	$129.54	Repairs to dining room walls
Repairs to bedroom 1 walls	$323.85	Repairs to bedroom 1 walls
Repairs to bedroom 2 walls	$129.54	Repairs to bedroom 2 walls
Repairs to toilet walls	$64.77	Repairs to toilet walls
Repairs to living room walls	$259.08	Repairs to living room walls
Door repairs	$367.44	Door repairs
Light switch: living room	$57.66	Light switch: living room
Repairs to kitchen cabinetry	$977.99	Repairs to kitchen cabinetry
Door handle replacement	$27.07	Door handle replacement
Light switch: bedroom 1	$29.00	Light switch: bedroom 1
Towel rail replacement: bathroom	$40.18	Towel rail replacement: bathroom
Net award	$5,619.29
Total payable by Tenant to Landlord	$5,619.29

Only the landlord, represented by Ms Perese, attended the hearing. There was no appearance by the tenant. The start of the hearing was delayed, but the tenant still did not attend. As the tenant has been notified, the hearing proceeded.

This is the second hearing for this application. Following an earlier hearing, the Tribunal issued an order on 14 August 2025 awarding $3,213.17 to the landlord for rent arrears, cleaning, rubbish removal and lawn/garden work. The balance of the landlord’s claim for compensation for tenant damage was adjourned.

The landlord was given the option to provide further evidence in support of the full rubbish removal costs claimed. The landlord advises that it will not be seeking any additional costs for rubbish removal.

The remaining compensation claims are considered below. General principles regarding responsibility for damage

The landlord seeks compensation for tenant damage. Where compensation for damage is being claimed, 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 of the RTA.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. 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) of the 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) of the RTA.

In this case, the landlord is not insured for tenant damage.

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) of the 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.

When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered. The landlord’s claim for compensation for tenant damage

On the basis of the landlord’s photographic, documentary and oral evidence, I am satisfied that the following damage was caused during the tenancy: • Walls: there was damage to walls in the living room, dining room, bedrooms 1 and 2, and toilet. Remedial work included plaster board patching (cutting out and patching over the hole), and gib stopping (smoothing over the plaster board). • Doors: doors in bedrooms 1 and 2, and the toilet were damaged and had to be repaired. • Kitchen cabinetry: kitchen cabinet drawers, shelves and doors were damaged and had to be replaced. • Light switches: living room and bedroom 1 light switches were replaced due to damage. • Door handle in the hallway door was missing and had to be replaced. • Towel rail in the bathroom was missing and had to be replaced.

The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.

In determining the quantum of compensation, betterment and depreciation has been taken into account Filing fee and name suppression

While successful, the landlord does not seek the filing fee, or name suppression.

Claims and awards in Tenancy Tribunal application 5243571 — net $5,619.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order (5243571) dated 14/8/2025	$3,213.17	Previous order (5243571) dated 14/8/2025
Repairs to dining room walls	$129.54	Repairs to dining room walls
Repairs to bedroom 1 walls	$323.85	Repairs to bedroom 1 walls
Repairs to bedroom 2 walls	$129.54	Repairs to bedroom 2 walls
Repairs to toilet walls	$64.77	Repairs to toilet walls
Repairs to living room walls	$259.08	Repairs to living room walls
Door repairs	$367.44	Door repairs
Light switch: living room	$57.66	Light switch: living room
Repairs to kitchen cabinetry	$977.99	Repairs to kitchen cabinetry
Door handle replacement	$27.07	Door handle replacement
Light switch: bedroom 1	$29.00	Light switch: bedroom 1
Towel rail replacement: bathroom	$40.18	Towel rail replacement: bathroom
Net award	$5,619.29
Total payable by Tenant to Landlord	$5,619.29

Order

[The tenant/s] must pay Kāinga Ora–Homes and Communities $5,619.29 immediately, calculated as shown in the table below.
This order incorporates the Tribunal order made on 14 August 2025 under application 5243517.

Reasons

Only the landlord, represented by Ms Perese, attended the hearing. There was no appearance by the tenant. The start of the hearing was delayed, but the tenant still did not attend. As the tenant has been notified, the hearing proceeded.
This is the second hearing for this application. Following an earlier hearing, the Tribunal issued an order on 14 August 2025 awarding $3,213.17 to the landlord for rent arrears, cleaning, rubbish removal and lawn/garden work. The balance of the landlord’s claim for compensation for tenant damage was adjourned.
The landlord was given the option to provide further evidence in support of the full rubbish removal costs claimed. The landlord advises that it will not be seeking any additional costs for rubbish removal.
The remaining compensation claims are considered below. General principles regarding responsibility for damage
The landlord seeks compensation for tenant damage. Where compensation for damage is being claimed, 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 of the RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. 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) of the 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) of the RTA.
In this case, the landlord is not insured for tenant damage.
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) of the 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.
When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered. The landlord’s claim for compensation for tenant damage
On the basis of the landlord’s photographic, documentary and oral evidence, I am satisfied that the following damage was caused during the tenancy: • Walls: there was damage to walls in the living room, dining room, bedrooms 1 and 2, and toilet. Remedial work included plaster board patching (cutting out and patching over the hole), and gib stopping (smoothing over the plaster board). • Doors: doors in bedrooms 1 and 2, and the toilet were damaged and had to be repaired. • Kitchen cabinetry: kitchen cabinet drawers, shelves and doors were damaged and had to be replaced. • Light switches: living room and bedroom 1 light switches were replaced due to damage. • Door handle in the hallway door was missing and had to be replaced. • Towel rail in the bathroom was missing and had to be replaced.
The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.
In determining the quantum of compensation, betterment and depreciation has been taken into account Filing fee and name suppression
While successful, the landlord does not seek the filing fee, or name suppression.

Tenancy Tribunal case 5243571 — Property damage at Unit/Flat 3, 125 Favona Road, Favona, Auckland 2024

At a glance

Tenancy Tribunal case 5243571 — Property damage at Unit/Flat 3, 125 Favona Road, Favona, Auckland 2024

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions