Published tribunal order
Tenancy Tribunal case 5301988 — Property damage at 27 Thomas Street, Tikipunga, Whangarei 0112
Decided 6 January 2026 · Published 6 January 2026 · Application 5301988
Landlord favoured
- Property damage
- Cleanliness
Order
- Taiwhanga Niha and the landlord appeared. Taiwhanga Niha represented Haylee Gardiner.
- Haylee Gardiner and Taiwhanga Matiu Niha must pay Pahi Kaiwhakaue Trust (Trustee: Gpk Trustees Ltd) $1,520.98.
- The tenant must pay the amount in order, less any payments since 16 September 2025, at the rate of $50.00 per week.
- The first payment must be made on or before Monday, 5 January and payments must continue every week until the debt is paid in full.
- If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced
- The Bond Centre is to pay the bond of $1,480.00 () to Pahi Kaiwhakaue Trust (Trustee: Gpk Trustees Ltd) immediately.
- The amount to pay is calculated as follows: DescriptionLandlord Filing fee reimbursement$28.00 Repairs: Interior Walls & Woodwork damage$1,280.00 Repairs: Exterior Cladding Repairs$150.00 Lock/key replacement: Pinpoint Renovations & Property Maintenance invoice $150.00 Lock/key replacement: Sutherland Security invoice$189.98 Cleaning: House interior clean$370.00 Carpet Cleaning: Pinpoint Renovations & Property Maintenance invoice $75.00 Carpet Cleaning: Chemdry invoice$320.00 Cleaning: Yard & Storeroom cleanup including transfer station costs $380.00 Repairs: Supply & install lounge smoke detector and Fibre internet Modem power adapter $58.00 Total award$3,000.98 Bond$1,480.00 Total payable by Tenant to Landlord$1,520.98
Reasons
- The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
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, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
- The landlord has provided photos and invoices in support of the claim for compensation. The photos show that there was cleaning and rubbish removal necessary to make the property reasonably clean and tidy.
- Mr Niha stated that the property was in poor condition when they moved in and that was the reason he and Ms Gardiner left it in a similar state. However the property condition report provided by the landlord showed no problems with the property when the tenancy began. Mr Niha did not provide evidence in support of his claim that the property was not clean and tidy when the tenancy commenced.
- The carpets had to be treated for fleas and required a professional cleaner.
- The exterior of the property and a storage area needed cleaning.
- I am satisfied that the tenants are liable for the costs relating to cleaning and rubbish removal because they did not leave the premises reasonably clean and tidy.
- The following items were missing at the end of the tenancy: a modem power supply and a smoke alarm. The tenant said they may have been mistakenly removed when the tenancy ended.
- Locks had to be rekeyed at the end of the tenancy.
- 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’s excess was $2000.00. The damage would require the payment of several excesses and therefore it was uneconomic to claim insurance for the damage.
- 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 was a considerable amount of damage to walls; there was minor damage to the exterior cladding. From the photos, some damage appeared to be intentional damage.
- Mr Niha raised that another person also occupied the property on a separate tenancy agreement and that person contributed to the lack of cleanliness and some damage. Mr Niha was given opportunity to provide evidence to assist the Tribunal regarding that claim however no further evidence was provided. Therefore the landlord’s claim cannot be adjusted on those grounds.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved. Filing fee
- Because the landlord has been partly successful with the claim the filing fee of $28.00 is ordered to be paid by the tenant.