What was Tenancy Tribunal case 5282847 about?

The tribunal order states: [The tenant/s] must pay Austar Property Services Limited As Agent For

How much money was awarded in case 5282847?

Air Conditioning Remote: $72.22 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $354.89 awarded to landlord; Rubbish Removal: $329.00 awarded to landlord; Water Rates: $203.41 awarded to landlord

What type of tenancy dispute was case 5282847?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5282847?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12622462-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5282847 about?

The tribunal order states: [The tenant/s] must pay Austar Property Services Limited As Agent For

How much money was awarded in case 5282847?

Air Conditioning Remote: $72.22 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $354.89 awarded to landlord; Rubbish Removal: $329.00 awarded to landlord; Water Rates: $203.41 awarded to landlord

What type of tenancy dispute was case 5282847?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5282847?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12622462-Tenancy_Tribunal_Order.pdf.

27 View Road, Henderson, Auckland 0612 Tenancy Tribunal Case 5282847 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5282847 — net $986.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$203.41	4. The landlord provided evidence of water rates arrears of $203.41.
Rubbish removal	$329.00	Rubbish removal
Air conditioning remote	$72.22	Air conditioning remote
Window repairs	$354.89	Window repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$986.52
Total payable by Tenant to Landlord	$986.52

The landlord attended the remote hearing on 13 October 2025.

The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The call went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

The landlord provided evidence of water rates arrears of $203.41.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not remove all rubbish. The landlord provided evidence did the rubbish had not been removed and an invoice.

An air conditioning remote was missing at the end of the tenancy. The landlord provided an invoice for its replacement.

The amounts ordered are proved.

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 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. The landlord is insured. The landlord’s policy of insurance carries an excess of $1,000.00 on each and every claim.

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.

A glass panel in a door was damaged during the tenancy. The landlord provided an invoice for repairs of $354.89. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

As Austar Property Services Limited As Agent For Michael Mcdaid has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5282847 — net $986.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$203.41	4. The landlord provided evidence of water rates arrears of $203.41.
Rubbish removal	$329.00	Rubbish removal
Air conditioning remote	$72.22	Air conditioning remote
Window repairs	$354.89	Window repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$986.52
Total payable by Tenant to Landlord	$986.52

Order

[The tenant/s] must pay Austar Property Services Limited As Agent For Michael Mcdaid $986.52 immediately, calculated as shown in table below.

Reasons

The landlord attended the remote hearing on 13 October 2025.
The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The call went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The landlord provided evidence of water rates arrears of $203.41.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not remove all rubbish. The landlord provided evidence did the rubbish had not been removed and an invoice.
An air conditioning remote was missing at the end of the tenancy. The landlord provided an invoice for its replacement.
The amounts ordered are proved.

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 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. The landlord is insured. The landlord’s policy of insurance carries an excess of $1,000.00 on each and every claim.
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.
A glass panel in a door was damaged during the tenancy. The landlord provided an invoice for repairs of $354.89. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As Austar Property Services Limited As Agent For Michael Mcdaid has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 5282847 — Property damage at 27 View Road, Henderson, Auckland 0612

At a glance

Tenancy Tribunal case 5282847 — Property damage at 27 View Road, Henderson, Auckland 0612

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

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

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions