What was Tenancy Tribunal case 5252624 about?

The tribunal order states: [The tenant/s] and [The tenant/s] to pay The Rent Shop Limited As Agent For

How much money was awarded in case 5252624?

Filing Fee: $27.00 awarded to landlord; Property Damage: $1,110.00 awarded to landlord; Rent Arrears: $425.71 awarded to landlord

What type of tenancy dispute was case 5252624?

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

Where can I read the official tribunal order for case 5252624?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12570377-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5252624 about?

The tribunal order states: [The tenant/s] and [The tenant/s] to pay The Rent Shop Limited As Agent For

How much money was awarded in case 5252624?

Filing Fee: $27.00 awarded to landlord; Property Damage: $1,110.00 awarded to landlord; Rent Arrears: $425.71 awarded to landlord

What type of tenancy dispute was case 5252624?

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

Where can I read the official tribunal order for case 5252624?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12570377-Tribunal_Order.pdf.

168 Great South Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 5252624 — Property damage

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5252624 — net $1,562.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 March 2025	$425.71	Rent arrears to 15 March 2025
Wall repairs	$1,110.00	Wall repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,562.71
Bond	$1,640.00
Total payable by Tenant to Landlord	$1,562.71

[The tenant/s] and [The tenant/s] to pay The Rent Shop Limited As Agent For Zhi Ye He & Xiu Zhen Zhou $1,562.71 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,640.00 (5157782-013) immediately apportioned as follows: The Rent Shop Limited As Agent For Zhi Ye He & Xiu Zhen Zhou: $1,562.71 [The tenant/s] and [The tenant/s]: $77.29

Reasons

Both parties attended the remote hearing.

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

At the commencement of the hearing one of the tenant’s sought to adjourn the matter as she said she had not been able to download the photographs submitted in evidence. I declined to adjourn the matter as the hearing had already been adjourned to allow the tenants to receive all the evidence and file any evidence. Relevant legal considerations

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”). With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood.

The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant 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 Kaipo v Clarke & McCarthy 1 , 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 or 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.”

The Tribunal may award compensation to a party for losses arising from a proven breach or breaches by the other party of their statutory responsibilities under the RTA. Compensation is generally awarded for actual losses and sometimes for less tangible effects of proven breaches such as a loss of enjoyment of the tenancy and the accompanying stress and anxiety. 1 Kaipo v Clarke & McCarthy (DC) TT233/02

How much is owed for rent?

The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 2

The tenancy ended on 15 March 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy (as of 17 April 2025) was $425.71.

Is the tenant responsible for the damage to the premises?

A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 3 Where a landlord is claiming compensation for damage 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. 4

Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. 5

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). 6 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). 7 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 8

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. 9

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 2 See section 40 (1)(a) of the RTA. 3 See s 40 (2)(a) of the RTA. 4 See sections 40(2)(a), 41 and 49B RTA. 5 See Taylor v Webb [1937] 2KB 283 (CA). 6 See section 49B(3)(a) RTA. 7 See section 49B(3)(b) RTA. 8 See section 49B(3A)(a) RTA. 9 See section 49B(1) RTA. person does something, or allows a situation to continue, knowing that damage is a certainty. 10

In assessing a claim for compensation, I must take 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Wall damage and stairway handle damage

The landlord says two-bedroom walls were damaged with stains and the main room celling was damaged with smoke. The landlord claimed $2,500 compensation for damage to the walls. The landlord says the damage was caused during the tenancy. An invoice was provided in support of the claim which confirms the walls were repainted throughout the property. Pre-tenancy and post tenancy inspection reports were provided in support of the claim. An invoice was provided in support of the claim.

The tenants accepted responsibility for the damage to the main room and one bedroom. I consider the damage in the second room, being a blue stain on the wall, appears likely to be caused from a drawing pen and therefore consider this damage likely to have been caused carelessly.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord claimed the stairway handle was damaged during the tenancy and says the amount claimed in respect of the Liang Painting Ltd invoice includes the repairs of the stair way handle, however the invoice does not itemise the cost for repairing the stairway handle. In any event, on hearing from both parties with respect to the damage of the stairway handle I am not satisfied that the damage was more than fair wear and tear, in that the handle came away from the wall through normal use (being leaned on) and this claim is dismissed.

The tenancy commenced in 2020 and ended in 2025, it was therefore approximately 5 years. The property is a four-bedroom home. The landlord said the property was painted at the commencement of the tenancy; however, it appears it was painted with one thin under coat. The move-in inspection report states that the walls and doors throughout the premises had some wear and tear. Current depreciation guidelines estimate the life of painted wall in a rental property is between 5 – 14 years. 10 See Guo v Korck [2019] NZHC 1541.

The invoice dated 2 June 2025 was for $3800 including GST. The description says: Repaint the whole house due to tenant’s granddaughter drawing all over it and lounge ceiling was damaged by black smoke, Travel and labour. As the invoice does not itemise the work involved, I deduct $300 (which I have had to estimate) in respect of the stairway handle (which I have dismissed above), which I understand was also fixed by the painter and divide the balance of $3500 by 5 (4 bedrooms and main room ceiling). I therefore allow $700 per room. In allowing for betterment and depreciation I will allow $370 per room, and I order in total $1,110 for the two damaged bedrooms and main room ceiling. I consider this amount is reasonable having regards to the nature and extent of the damage.

The amounts ordered are proved. Filing fee

As the landlord as partly succeeded with the claim, I have reimbursed the filing fee of $27. Bond

Part of the bond is to be paid to the landlord immediately to offset the amounts ordered and the balance is to be refunded to the tenant. Suppression

Neither party sought name suppression.

Order

Claims and awards in Tenancy Tribunal application 5252624 — net $1,562.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 March 2025	$425.71	Rent arrears to 15 March 2025
Wall repairs	$1,110.00	Wall repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,562.71
Bond	$1,640.00
Total payable by Tenant to Landlord	$1,562.71

[The tenant/s] and [The tenant/s] to pay The Rent Shop Limited As Agent For Zhi Ye He & Xiu Zhen Zhou $1,562.71 from the bond, calculated as shown in table below.

Reasons

Both parties attended the remote hearing.

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

How much is owed for rent?

The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 2

The tenancy ended on 15 March 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy (as of 17 April 2025) was $425.71.

Is the tenant responsible for the damage to the premises?

Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. 5

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. Filing fee

As the landlord as partly succeeded with the claim, I have reimbursed the filing fee of $27. Bond

Part of the bond is to be paid to the landlord immediately to offset the amounts ordered and the balance is to be refunded to the tenant. Suppression

Neither party sought name suppression.

Tenancy Tribunal case 5252624 — Property damage at 168 Great South Road, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 5252624 — Property damage at 168 Great South Road, Papatoetoe, Auckland 2025

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

Property management

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

Property management

Frequently asked questions