Published tribunal order
Tenancy Tribunal case 5308340 — Property damage at 97 Judd Crescent, Naenae, Lower Hutt 5011
Decided 19 Nov 2025 · Published 19 Nov 2025 · Application 5308340
- Property damage
Order
- [The party] and [The party] must pay Yes Lets Limited As Agent For Michael Williams $677.45 immediately, calculated as shown in table below:
- The Bond Centre is to pay the bond of $2,720.00 (3473073-005) to Yes Lets Limited As Agent For Michael Williams immediately.
Reasons
- Only the landlord attended the hearing. The tenants were phoned but calls went to voicemail or were not answered on each occasion
- On 10 October 2025 the Tribunal ordered termination of the tenancy and payments for window repairs and the filing fee. The hearing was adjourned for further quotes for compensation and photos of the property.
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 tenants did not leave the premises reasonably did not remove all rubbish.
- Prior to the original hearing the landlord claimed $3,214.25 for rubbish removal and supplied a quote for that amount. The Tribunal believed the amount claimed was excessive and required the landlord to get further quotes. The landlord has provided two other quotes. The new quotes are considerably less for rubbish removal. The lowest quote is $747.50. That is the amount ordered.
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.
- There was significant damage to walls and doors during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- Prior to the original hearing the landlord claimed $7,124.25 for wall and door repairs and supplied a quote for that amount. The Tribunal believed the amount claimed was excessive and required the landlord to get further quotes. The landlord has provided two other quotes. The new quotes are considerably less for repairs. The lowest quote is $2,271.27. That is the amount ordered.
- The amounts ordered are proved.
- The tenants have made a payment of $100.00 since the last hearing and this has been included in the calculation of the amount currently owed.