Published tribunal order
Tenancy Tribunal case 5256999 — Property damage
Decided 1 Aug 2025 · Published 1 Aug 2025 · Application 5256999
- 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 landlord’s name and identifying details.
- Sheena Angelic Tau and Zytarah Valerie Tema Reihana must pay [The landlord/s] $4,349.11 immediately, as calculated in the table below:
Reasons
- The landlord attended the hearing. The tenant did not attend, and the hearing proceeded in their absence.
- The landlord has applied for compensation for vacated damages and reimbursement of the filing fee following the end of the tenancy.
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 claims for significant damage throughout the property, that has been broken down into repairs required to areas of the premises: a. Bedrooms, hallway, and bathroom. b. Garage and driveway. c. Lounge, kitchen, and dining.
- Photographs and invoices have been provided in support of these claims.
- The property had several holes in the walls throughout the property, doors were broken from their jams, the toilet pan was broken, the driveway had excessive oil staining and oil had seeped into the garden, the lounge room door was missing, and the hob had been smashed. The tenants had inadequately tried to repair some of the holes in the walls. The landlord submits that many of the holes made throughout were intentionally made.
- The amounts sought were $1,121.25 for the garage and driveway, $2,322,43 for the lounge, kitchen, and dining and $3,518.43 for the bedrooms, ensuite and hallway. Insurance had agreed to pay for specific items, including the lounge room wall, the smashed toilet, damage to the walls in the lounge room and the smashed hob and the owners received a final payout of $1,064.48 after excessed had been deducted.
- The following damage was caused during the tenancy: Damage to the walls, toilet, hob, driveway, and doors throughout 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.
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 01 August 2025