What was the outcome of Tenancy Tribunal case 5294963?

The tribunal order states: Merehana Smith must pay Manner Property Management Limited $1,127.18

How much money was awarded in case 5294963?

Filing Fee: $28.00 awarded to landlord; Property Damage: $549.18 awarded to landlord; Property Damage: $550.00 awarded to landlord

What type of tenancy dispute was case 5294963?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5294963?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12370365-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5294963?

The tribunal order states: Merehana Smith must pay Manner Property Management Limited $1,127.18

How much money was awarded in case 5294963?

Filing Fee: $28.00 awarded to landlord; Property Damage: $549.18 awarded to landlord; Property Damage: $550.00 awarded to landlord

What type of tenancy dispute was case 5294963?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5294963?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12370365-Tenancy_Tribunal_Order.pdf.

373A College Street, Hokowhitu, Palmerston North 4410 Tenancy Tribunal Case 5294963 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5294963 — net $1,127.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$549.18	Repairs
Repairs	$550.00	Repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,127.18
Total payable by Tenant to Landlord	$1,127.18

The landlord attended the video hearing.

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.

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 landlords policy of insurance carries an excess of $550.00 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.

The following damage was caused during the tenancy: The landlord says that on 2 separate occasions the front door to the premises was damaged. The landlord said that the first incident occurred on 14 May 2027. The front door of the premises was damaged to the extent that the door was no longer attached by its hinges. The landlord urgently arranged for repairs. The landlord provided an invoice for the first repair of $549.18.

A second incident of damage to the front door occurred on or about 29 May 2025. Once again, the front door was substantially damaged. The landlord arranged for repairs and provided a copy of an invoice for $586.68. The tenant did not provide an explanation to the landlord of how the damage occurred on either occasion.

The damage which occurred on both of these occasions is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proven. I have reduced the second claim from $586.68 to $550.00, as that is the excess on the landlord’s policy of insurance, being the limit of the tenant’s liability on this occasion.

The tenant has received a breach notice from the landlord regarding rubbish accumulating outside the premises. The landlord did not on this occasion apply for termination of the tenancy due to that breach. The landlord would be entitled to bring such an application. The tenant is reminded of their obligation under section 40 RTA to keep the premises reasonably clean and tidy. A failure to do so will inevitably result in the landlord filing an application to terminate the tenancy.

As Manner Property Management Limited has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5294963 — net $1,127.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$549.18	Repairs
Repairs	$550.00	Repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,127.18
Total payable by Tenant to Landlord	$1,127.18

Order

Merehana Smith must pay Manner Property Management Limited $1,127.18 immediately, calculated as shown in table below.

Reasons

The landlord attended the video hearing.
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.

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 landlords policy of insurance carries an excess of $550.00 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.
The following damage was caused during the tenancy: The landlord says that on 2 separate occasions the front door to the premises was damaged. The landlord said that the first incident occurred on 14 May 2027. The front door of the premises was damaged to the extent that the door was no longer attached by its hinges. The landlord urgently arranged for repairs. The landlord provided an invoice for the first repair of $549.18.
A second incident of damage to the front door occurred on or about 29 May 2025. Once again, the front door was substantially damaged. The landlord arranged for repairs and provided a copy of an invoice for $586.68. The tenant did not provide an explanation to the landlord of how the damage occurred on either occasion.
The damage which occurred on both of these occasions is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proven. I have reduced the second claim from $586.68 to $550.00, as that is the excess on the landlord’s policy of insurance, being the limit of the tenant’s liability on this occasion.
The tenant has received a breach notice from the landlord regarding rubbish accumulating outside the premises. The landlord did not on this occasion apply for termination of the tenancy due to that breach. The landlord would be entitled to bring such an application. The tenant is reminded of their obligation under section 40 RTA to keep the premises reasonably clean and tidy. A failure to do so will inevitably result in the landlord filing an application to terminate the tenancy.
As Manner Property Management Limited has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 5294963 — Property damage at 373A College Street, Hokowhitu, Palmerston North 4410

At a glance

Tenancy Tribunal case 5294963 — Property damage at 373A College Street, Hokowhitu, Palmerston North 4410

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

Property management

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

Property management

Frequently asked questions