Tenantcheck Insights · Case study
Tenancy Tribunal case 5288379 — Property damage at Unit/Flat Unit 820, 74 Taranaki Street, Te Aro, Wellington
Decided 11 Sept 2025 · Published 11 Sept 2025 · Application 5288379
- Property damage
- Rent arrears
At a glance
Key facts from the published tribunal order.
Location
Wellington
Tribunal region
Adjudicator
M Pollak
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $2,532.71
- Bond payment as ordered
- −$1,920.00
- Total balance for Tenant to pay Landlord
- $612.71
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 4 July 2025 | $1,205.71 | Rent arrears to 4 July 2025 | |
| Repairs: 1/2 cost of replacing damaged entry lock | $300.00 | Repairs: 1/2 cost of replacing damaged entry lock | |
| Intentional damage to kitchen tiles- insurance excess | $1,000.00 | Intentional damage to kitchen tiles- insurance excess | |
| Filing fee reimbursement | $27.00 | Filing fee reimbursement |
Order
- [The tenant/s] tenant/s] must pay Comprende Limited As Agent For Alister And [The tenant/s] landlord/s] $612.71 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $1,920.00 (6033980-005) to Comprende Limited As Agent For Alister And [The tenant/s] landlord/s] immediately.
Reasons
- The landlord attended the hearing. The tenant did not.
- I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend. I tried to contact him on all of the phone numbers the landlord had for him and got no response.
- The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
- The tenancy ended on 4 July 2025. The landlord provided rent record which prove the amount owing at 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 following damage was caused during the tenancy: a. The tenant admitted to the landlord that he had intentionally damaged the kitchen tiles when he had been under the influence of a substance and accepted liability for the cost of repair. The premise was insured, and an insurance claim was accepted by the landlord’s insurer for the repair of this damage. The insurance excess for the claim was $1,000.00; and b. The entry lock had an issue that could have been repaired, but after the tenant pulled it apart, the locksmith confirmed it could no longer be fixed and had to be replaced. The landlord seeks half of the replacement cost as it sees the parties as having fifty percent liability for the replacement cost, which were much higher than the repair cost would have been.
- The landlord has proven the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.
- I have considered 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 have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of the filing fee
- Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.
- Because Comprende Limited As Agent For Alister And [The tenant/s] landlord/s] has wholly succeeded with the claim, I must reimburse the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s102(4), s40(2), s49B, s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: rent arrears
- Dispute theme: property damage
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was Tenancy Tribunal case 5288379 about?
The tribunal order states: [The tenant/s] tenant/s] must pay Comprende Limited As Agent For Alister And
How much money was awarded in case 5288379?
Filing Fee: $27.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rent Arrears: $1,205.71 awarded to landlord; Property Damage: $300.00 awarded to landlord
What type of tenancy dispute was case 5288379?
The primary dispute was Property damage. Related themes: Rent arrears.
Where can I read the official tribunal order for case 5288379?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12400441-Tenancy_Tribunal_Order.pdf.
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