Published tribunal order
Tenancy Tribunal case 5246551 — Property damage at Unit/Flat 5, 4 Rex St, Riccarton, Christchurch 8041
Decided 9 Jul 2025 · Published 9 Jul 2025 · Application 5246551
- Property damage
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
- [The tenant/s] must pay Kāinga Ora–Homes And Communities $567.82 immediately, calculated as shown in table below.
Reasons
- Both parties attended the hearing.
- The landlord has applied for compensation following the end of the tenancy.
- Both parties agreed the tenancy ended on 7 March 2025.
Did the tenant comply with their obligations at the end of the tenancy?
- At the end of the tenancy the tenant 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 landlord said the tenant did not remove all rubbish from the premises at the end of the tenancy. The landlord indicated the majority of work required at the end of the tenancy was removing and disposing of exterior rubbish, including cat litter and other items, and topping up the garden with mulch where the cat litter was removed. The landlord claimed a total of $716.96 for rubbish removal and gardening, which included $457.75 for rubbish removal and $259.21 for gardening work.
- The tenant agreed to a consent order being made that she owed $716.96 for rubbish removal and gardening.
- 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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
- 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 landlord said the tenant incurred repair costs of $188.30 during the tenancy, which involved replacing some lights that were damaged from a leak caused by the tenant’s daughter. The tenant readily admitted she owed this amount for replacing the lights and consented to an order being made in this regard in the landlord’s favour. The landlord confirmed that the tenant has been making regular weekly payments towards these repair costs since she left the property.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.
- The landlord confirmed the tenant is in credit in the amount of $337.44 to 3 July 2025, as she made weekly payments towards the repair costs incurred during the tenancy. Suppression
- The tenant requested name suppression. The tenant has two very young children and said she now has a private rental and is attempting to keep a roof over her children’s heads. The landlord did not oppose the tenant’s request for suppression. The tenant has consented to orders being made in the landlord’s favour, in the amounts claimed by the landlord, and has consistently made weekly payments since leaving the tenancy, towards debts she incurred for repairs during the tenancy. In the circumstances and given the evidence, I find the tenant’s interests outweigh the public interest in publishing her name. Therefore, I order that the tenant’s name and identifying details are not to be published. See section 95A(4) RTA.