What was Tenancy Tribunal case 5251682 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 5251682?

Filing Fee: $27.00 awarded to landlord; Replace Heat Pump: $1,300.00 awarded to landlord; Replace Hot Water Cylinder: $5,075.53 awarded to landlord

What type of tenancy dispute was case 5251682?

The dispute type was not classified.

Where can I read the official tribunal order for case 5251682?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12514190-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5251682 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 5251682?

Filing Fee: $27.00 awarded to landlord; Replace Heat Pump: $1,300.00 awarded to landlord; Replace Hot Water Cylinder: $5,075.53 awarded to landlord

What type of tenancy dispute was case 5251682?

The dispute type was not classified.

Where can I read the official tribunal order for case 5251682?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12514190-Tribunal_Order_Redacted.pdf.

Unit/Flat 3, 101 Seymour Road, Sunnyvale, Auckland 0612 Tenancy Tribunal Case 5251682 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 5251682 — net $6,402.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace hot water cylinder	$5,075.53	Replace hot water cylinder
Replace heat pump	$1,300.00	Replace heat pump
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,402.53
Total payable by Tenant to Landlord	$6,402.53

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Richard Vincent McIlroy must pay [The landlord/s] $6,402.53 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing on 6 October 2025. The tenant did not.
The landlord withdrew their claim for rent arrears and only sought compensation to replace the hot water cylinder and heat pump.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

Is the tenant responsible for damaging the hot water cylinder and heat pump?

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
Fair wear and tear has been defined as the deterioration of premises due to both reasonable use and ordinary operation of natural forces, reasonable conduct on the part of the tenant being assumed. The amount of damage is not relevant. 2
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). 3
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). 4 Where insurance money is irrecoverable because of the tenant’s conduct, the property is treated as if it is not insured against the damage. 5
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 applied to anything the tenant does and anything done by a person they are responsible for. 6
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. 7 Hot water cylinder
The landlord gave evidence that the hot water cylinder was old, but in good working order at the beginning of the tenancy. I accept the landlord’s evidence. 1 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B. 2 See discussion in Accessible Properties New Zealand Ltd v McKeefry [2019] NZTT 4114629, 4169403. 3 Residential Tenancies Act 1986, section 49B(3)(a). 4 Residential Tenancies Act 1986, section 49B(3)(b). 5 Residential Tenancies Act 1986, section 49B(3A)(a). 6 Residential Tenancies Act 1986, section 49B(1). 7 See Guo v Korck [2019] NZHC 1541.
The landlord submitted photographs taken at the end of the tenancy. These show the top of the hot water cylinder has been removed, together with the copper piping. The invoice to replace the hot water cylinder notes that because all of the hot water pipe work was removed, it was impossible to install a new connection without cutting open the walls. Further, the original hot water cylinder was located inside the premises however, the new one had to be installed outside due to a change in building regulations. This necessitated the need for further construction and plumbing.
The landlord’s evidence, together with the photographs taken at the end of the tenancy and comments in the invoice from Hydro Dynamics Plumbing and Gasfitting, convince me on the balance of probabilities that the hot water cylinder was damaged during the tenancy. The damage is beyond fair wear and tear and the tenant has not disproved liability.
The landlord has insurance, but their claim was rejected, because the policy does not cover intentional damage.
The landlord submitted an invoice for $6,075.53 to purchase and install a new hot water cylinder. There needs to be a reduction for betterment and depreciation. The landlord must be returned to the same position they would have been in had the tenant not breached their obligations. They must not be any better or worse off. Considering the age of the hot water cylinder at the beginning of the tenancy, I find a reduction of $1,000.00 to be reasonable.
The landlord’s claim for compensation to replace the hot water cylinder is granted for $5,075.53. Heat pump
The landlord gave evidence that the heat pump was in good working order at the beginning of the tenancy. I accept the landlord’s evidence.
The landlord submitted photographs of the indoor heat pump and outdoor unit taken at the end of the tenancy. The outdoor unit is completely detached from the house and has been stripped for parts. The landlord gave evidence that the tenant removed all of the copper piping.
The landlord’s evidence, together with the photographs taken at the end of the tenancy, convince me on the balance of probabilities that the heat pump was damaged during the tenancy. The damage is beyond fair wear and tear, and the tenant has not disproved liability.
The landlord has insurance, but their claim was rejected, because the policy does not cover intentional damage.
The landlord purchased a second hand heat pump to replace the original. Therefore, it is not appropriate to make a reduction for betterment and depreciation.
The landlord submitted an invoice for $1,300.00 to purchase and install a new heat pump. Their claim for compensation is granted for this amount. Filing fee & name suppression
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason, I must grant their request for name suppression.

Claims and awards in Tenancy Tribunal application 5251682 — net $6,402.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace hot water cylinder	$5,075.53	Replace hot water cylinder
Replace heat pump	$1,300.00	Replace heat pump
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,402.53
Total payable by Tenant to Landlord	$6,402.53

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Richard Vincent McIlroy must pay [The landlord/s] $6,402.53 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing on 6 October 2025. The tenant did not.
The landlord withdrew their claim for rent arrears and only sought compensation to replace the hot water cylinder and heat pump.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

Is the tenant responsible for damaging the hot water cylinder and heat pump?

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
Fair wear and tear has been defined as the deterioration of premises due to both reasonable use and ordinary operation of natural forces, reasonable conduct on the part of the tenant being assumed. The amount of damage is not relevant. 2
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). 3
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). 4 Where insurance money is irrecoverable because of the tenant’s conduct, the property is treated as if it is not insured against the damage. 5
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 applied to anything the tenant does and anything done by a person they are responsible for. 6
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. 7 Hot water cylinder
The landlord gave evidence that the hot water cylinder was old, but in good working order at the beginning of the tenancy. I accept the landlord’s evidence. 1 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B. 2 See discussion in Accessible Properties New Zealand Ltd v McKeefry [2019] NZTT 4114629, 4169403. 3 Residential Tenancies Act 1986, section 49B(3)(a). 4 Residential Tenancies Act 1986, section 49B(3)(b). 5 Residential Tenancies Act 1986, section 49B(3A)(a). 6 Residential Tenancies Act 1986, section 49B(1). 7 See Guo v Korck [2019] NZHC 1541.
The landlord submitted photographs taken at the end of the tenancy. These show the top of the hot water cylinder has been removed, together with the copper piping. The invoice to replace the hot water cylinder notes that because all of the hot water pipe work was removed, it was impossible to install a new connection without cutting open the walls. Further, the original hot water cylinder was located inside the premises however, the new one had to be installed outside due to a change in building regulations. This necessitated the need for further construction and plumbing.
The landlord’s evidence, together with the photographs taken at the end of the tenancy and comments in the invoice from Hydro Dynamics Plumbing and Gasfitting, convince me on the balance of probabilities that the hot water cylinder was damaged during the tenancy. The damage is beyond fair wear and tear and the tenant has not disproved liability.
The landlord has insurance, but their claim was rejected, because the policy does not cover intentional damage.
The landlord submitted an invoice for $6,075.53 to purchase and install a new hot water cylinder. There needs to be a reduction for betterment and depreciation. The landlord must be returned to the same position they would have been in had the tenant not breached their obligations. They must not be any better or worse off. Considering the age of the hot water cylinder at the beginning of the tenancy, I find a reduction of $1,000.00 to be reasonable.
The landlord’s claim for compensation to replace the hot water cylinder is granted for $5,075.53. Heat pump
The landlord gave evidence that the heat pump was in good working order at the beginning of the tenancy. I accept the landlord’s evidence.
The landlord submitted photographs of the indoor heat pump and outdoor unit taken at the end of the tenancy. The outdoor unit is completely detached from the house and has been stripped for parts. The landlord gave evidence that the tenant removed all of the copper piping.
The landlord’s evidence, together with the photographs taken at the end of the tenancy, convince me on the balance of probabilities that the heat pump was damaged during the tenancy. The damage is beyond fair wear and tear, and the tenant has not disproved liability.
The landlord has insurance, but their claim was rejected, because the policy does not cover intentional damage.
The landlord purchased a second hand heat pump to replace the original. Therefore, it is not appropriate to make a reduction for betterment and depreciation.
The landlord submitted an invoice for $1,300.00 to purchase and install a new heat pump. Their claim for compensation is granted for this amount. Filing fee & name suppression
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason, I must grant their request for name suppression.

Tenancy Tribunal case 5251682 — Tenancy dispute at Unit/Flat 3, 101 Seymour Road, Sunnyvale, Auckland 0612

At a glance

Tenancy Tribunal case 5251682 — Tenancy dispute at Unit/Flat 3, 101 Seymour Road, Sunnyvale, Auckland 0612

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for damaging the hot water cylinder and heat pump?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for damaging the hot water cylinder and heat pump?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions