Published tribunal order
Tenancy Tribunal case 5308319 — Property damage at 6 Martin Street, Ranui, Porirua 5024
Decided 17 Dec 2025 · Published 17 Dec 2025 · Application 5308319
- Property damage
Order
- [The tenant/s] tenant/s], [The tenant/s] tenant/s] and [The tenant/s] tenant/s] to pay Rentcare Property Management Limited $978.73 immediately, calculated as follows: DescriptionAmount Rubbish removal (failure to leave premises clean and tidy)$300.73 Laundry door and frame damage (dog damage – reduced from claim)$650.00 Filing fee reimbursement$28.00 Total payable by tenant$978.73
Reasons
- Both parties attended the hearing.
- 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 19 January 2025. The Landlord provided rent records which show arrears of $1,182.00.86 of 15 January 2025, then credit notes on 28 January 2025, ostensibly clearing the rent arrears. The bond appears to have been released to cover the rent arrears. Consequently, I treat the rent arrears as cleared and the bond as refunded to the Landlord.
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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
- I award $300.73 for rubbish removal based on the Landlord’s post-tenancy (exit inspection) photographs.
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:
- Laundry Door Damage – caused by the Tenant’s dog. The Landlord claims as follows: a. Laundry Door Damage: Sanding, masking, undercoat and topcoats to new laundry door 25% $457.53 b. Door Frame Damage: Sanding, filling, masking, undercoat, and repainting of laundry door frame 20% $366.02
- The damage is more than fair wear and tear, and the Tenant has not disproved liability for the damage. I consider the amounts claimed exorbitant for the repair work required, as shown in the photographs. I approve $650.00 for this repair.
- The Landlord has not provided adequate evidence to support its other compensation claims – requested 8 December 2025.