Published tribunal order
Tenancy Tribunal case 5289153 — Property damage at 11 Colonial Place, Kelvin Grove, Palmerston North 4414
Decided 7 Aug 2025 · Published 7 Aug 2025 · Application 5289153
- 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.
- Carrie Anne Menefy and Jayme Smeath must pay [The landlord/s] $10,349.00 immediately, calculated as shown in table below. DescriptionLandlord Previous order application 5191331 dated 20/05/2025 $5,172.00 Repairs – 7 x $650.00 excesses$4,550.00 Rubbish removal$600.00 Filing fee reimbursement$27.00 Total award$10,349.00 Total payable by Tenant to Landlord$10,349.00
Reasons
- The landlord attended the hearing.
- The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. Rubbish removal
- The landlord provided photographic evidence that the tenant left behind three trailer loads of rubbish and discarded items which the landlord took to the dump. The tenant is required to leave the house reasonably clean and tidy and has failed to do so.
- The landlord’s claim for rubbish removal is proven.
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.
- 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 provided photographic and video evidence that the following damage was caused during the tenancy: a. The carpet throughout the property was badly stained by large and extensive oil stains or something similar so that it could not be cleaned and requires replacement. b. There were numerous holes in the wall in the lounge, kitchen/dining area, three bedrooms and the hallway. Some were very large and some had been ineptly repaired. Several internal doors had holes and one had been so badly damaged so that it was nearly detached from its hinges. c. There were three areas of damage to the external plaster and some external boards had been broken.
- Having carefully examined the photographic evidence and considering the nature and extent of the damage, the Tribunal concludes that the damage to the walls and door was intentional. From their location and the force required, it appears that it was caused by a person punching or kicking these holes. The landlord advised that one of the holes was intentionally made by the tenant by hitting the wall while the landlord was watching him.
- The Tribunal accepts on the evidence before it that the extensive damage to the carpet in every room was also intentional because of its widespread nature and the cause of the damage.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The landlord has only claimed the insurance excesses for each area of damage as assessed by its insurer, rather than the total cost of repair.
- The amounts ordered are proved.
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.