Published tribunal order
Tenancy Tribunal case 5265661 — Property damage
Decided 9 Dec 2025 · Published 9 Dec 2025 · Application 5265661
- 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 landlords’ names and identifying details.
- Bridget Herewini must pay [The landlord/s] $16,872.59 immediately, calculated as shown in the table below.
- This order incorporates the Tribunal order made on 18 August 2025 under application 5265661.
Reasons
- This is the second hearing for this application, which was conducted by teleconference. Only [The landlord/s] attended this hearing. Three attempts were made to contact the tenant, and on each occasion, there was no response. As the tenant has been notified, the hearing proceeded.
- On 18 August 2025 the Tribunal made an order relating to this tenancy, awarding the landlord $16,872.59 in compensation for costs incurred at the end of the tenancy. This included costs for cleaning, rubbish removal, and change of locks and keys. There was also compensation arising from tenant damage involving repairs and replacement of glass, windows, lights, walls, doors, gate, blinds, stove, and carpet. The landlord was also awarded the filing fee. The previous order is incorporated into this order for enforcement purposes.
- The hearing was adjourned part-heard to consider the landlord’s claim for compensation for damage to the kitchen. The landlord agreed to provide a quotation for repairs to the kitchen, which was received. This claim is now considered below. Kitchen cabinets
- As stated in the earlier order, when claiming compensation for tenant 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. 1 Tenants are liable for the cost of repairing damage that is intentional. 2
- I am satisfied that the landlord has established, with sufficient evidence, including photographs, a quotation for repairs and oral evidence, that the damage to the kitchen cabinets was caused during the tenancy. This damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. From the evidence, I consider this damage is most likely intentional, and therefore, the tenant will be liable for the full cost of repairs.
- The landlord has explained that the quotation from [Kitchen Designer Company] dated 20 August 2025 for $4,140.00 ($3,600.00 plus GST), is for the repair of those parts of the kitchen that were damaged. The photographic evidence shows the extent of this damage. The landlord has described this damage, with reference to the photographs, stating that the pantry door had been completely ripped out, the glass was missing from the glass door, cabinet doors had been removed and needed to be replaced. There were drawers missing, which also had to be replaced. It had not been possible to source matching drawers, so altogether 7 drawers had to be replaced. The kitchen was brand new at the start of the tenancy.
- In this case, as this is essentially repair work, the landlord is entitled to the full cost of $4,140.00, which is awarded above. While the repairs have not been 1 See sections 40(2)(a), 41 and 49B of the Residential Tenancies Act 1986 (the RTA) 2 See section 49B(1) of the RTA completed, I am satisfied that the landlord is likely to proceed with the work as quoted. Filing fee and name suppression
- The landlord has been awarded the filing fee in the previous order dated 18 August 2025.
- The landlord’s request for name suppression is granted, in view of the landlord being successful in the proceedings.