What was the outcome of Tenancy Tribunal case 5269642?

The tribunal order states: Danielle Ngawake Smith must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5269642?

Rent Credit: $147.28 awarded to tenant; to holes in walls in the living room…: $707.10 awarded to landlord

What type of tenancy dispute was case 5269642?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5269642?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12397218-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5269642?

The tribunal order states: Danielle Ngawake Smith must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5269642?

Rent Credit: $147.28 awarded to tenant; to holes in walls in the living room…: $707.10 awarded to landlord

What type of tenancy dispute was case 5269642?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5269642?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12397218-Tenancy_Tribunal_Order.pdf.

71 Ferguson Street, Manurewa East, Auckland 2102 Tenancy Tribunal Case 5269642 — Property damage

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71 Ferguson Street, Manurewa East, Auckland 2102 Tenancy Tribunal Case 5269642 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5269642 — net $337.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: to holes in walls in the living room, dining room	$707.10		Repairs: to holes in walls in the living room, dining room
Rent credit		$147.28	Rent credit
Total award	$707.10	$147.28
Net award	$337.82
Total payable by Tenant to Landlord	$337.82

Claims and awards for application 5269642 — net $337.82 NZD. Verify on MoJ.

Repairs: to holes in walls in the living room, dining room

Amount: $707.10
Awarded to: Landlord
Reason: Repairs: to holes in walls in the living room, dining room

Rent credit

Amount: $147.28
Awarded to: Tenant
Reason: Rent credit

Total award

Landlord $707.10 · Tenant $147.28

Net award

Landlord $337.82

Total payable by Tenant to Landlord

Landlord $337.82

Claim types — money lines allowed on this order

Property damage

Order

Danielle Ngawake Smith must pay Kāinga Ora–Homes And Communities $337.82 immediately, calculated as shown in table below.
The bond centre is to refund the bond of $222.00 to the applicant immediately.

Reasons

Both parties attended the hearing. Ms Smith only for a short period to request that the hearing was adjourned, as she could not stay for the call.
I considered her request, but determined that it should be declined, as the notice of hearing had been properly served and she had not requested the adjournment prior to the hearing.
It was also very apparent that the landlord had strong evidence to support the relatively modest compensation claim given the number of holes in the walls that clearly occurred during the tenancy, and that there was therefore little that she could have said which would have led to a different outcome.
The landlord has applied for compensation and a refund of the bond, following the end of the tenancy.
The tenancy began on 19/11/2028 and ended on 20/3/2025. The landlord provided rent records which prove a rent credit was due to the tenant at the end of the tenancy and includes all payments the tenant has made to date to reduce the debt owing.

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 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 following damage was caused during the tenancy: there were holes in the walls in almost every room of the house. The photographs provided show that the damage has occurred during the tenancy and is more than fair wear and tear. The tenant has not disproved liability for the damage.
The amount ordered is proved.
Betterment and depreciation principles are not relevant. The compensation requested is only for actual repairs to clearly damaged surfaces and does not include painting or any other aspect that could require depreciation of the amount awarded.
The landlord will not therefore be returned to a better position than they would have been in had the tenant not breached her obligations.
The landlord did not request reimbursement of the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5269642 — net $337.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: to holes in walls in the living room, dining room	$707.10		Repairs: to holes in walls in the living room, dining room
Rent credit		$147.28	Rent credit
Total award	$707.10	$147.28
Net award	$337.82
Total payable by Tenant to Landlord	$337.82

Claims and awards for application 5269642 — net $337.82 NZD. Verify on MoJ.

Repairs: to holes in walls in the living room, dining room

Amount: $707.10
Awarded to: Landlord
Reason: Repairs: to holes in walls in the living room, dining room

Rent credit

Amount: $147.28
Awarded to: Tenant
Reason: Rent credit

Total award

Landlord $707.10 · Tenant $147.28

Net award

Landlord $337.82

Total payable by Tenant to Landlord

Landlord $337.82

Claim types — money lines allowed on this order

Property damage

Order

Danielle Ngawake Smith must pay Kāinga Ora–Homes And Communities $337.82 immediately, calculated as shown in table below.
The bond centre is to refund the bond of $222.00 to the applicant immediately.

Reasons

Both parties attended the hearing. Ms Smith only for a short period to request that the hearing was adjourned, as she could not stay for the call.
I considered her request, but determined that it should be declined, as the notice of hearing had been properly served and she had not requested the adjournment prior to the hearing.
It was also very apparent that the landlord had strong evidence to support the relatively modest compensation claim given the number of holes in the walls that clearly occurred during the tenancy, and that there was therefore little that she could have said which would have led to a different outcome.
The landlord has applied for compensation and a refund of the bond, following the end of the tenancy.
The tenancy began on 19/11/2028 and ended on 20/3/2025. The landlord provided rent records which prove a rent credit was due to the tenant at the end of the tenancy and includes all payments the tenant has made to date to reduce the debt owing.

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 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 following damage was caused during the tenancy: there were holes in the walls in almost every room of the house. The photographs provided show that the damage has occurred during the tenancy and is more than fair wear and tear. The tenant has not disproved liability for the damage.
The amount ordered is proved.
Betterment and depreciation principles are not relevant. The compensation requested is only for actual repairs to clearly damaged surfaces and does not include painting or any other aspect that could require depreciation of the amount awarded.
The landlord will not therefore be returned to a better position than they would have been in had the tenant not breached her obligations.
The landlord did not request reimbursement of the filing fee.

Tenancy Tribunal case 5269642 — Property damage at 71 Ferguson Street, Manurewa East, Auckland 2102

At a glance

Tenancy Tribunal case 5269642 — Property damage at 71 Ferguson Street, Manurewa East, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions