Published tribunal order
Tenancy Tribunal case 5309899 — Property damage at 29 Dimock Street, Titahi Bay, Porirua 5022
Decided 8 Oct 2025 · Published 8 Oct 2025 · Application 5309899
- Property damage
Order
- [The tenant/s] party] must pay Te Ahuru Mowai Limited Partnership $450.28 by continuing payments of $5.00 per week until the debt is paid.
- Default in any payment results in the total outstanding being recoverable immediately by enforcement.
- The amount to pay is calculated as shown in table below.
- The Bond Centre is to pay the bond of $196.00 (3108209-008) to Te Ahuru Mowai Limited Partnership immediately.
Reasons
- Both parties attended the hearing.
- The landlord has applied for compensation 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 did not leave some of the premises reasonably clean and tidy, and did not remove a substantial amount of rubbish. The tenant and her children had to leave the premises in a hurry because there was a security threat that occurred.
- 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.
- The following damage was caused during the tenancy: A window was cracked, a door and handles were damaged, there were two walls that had minor damage and a shower wall was cracked. The damage is more than fair wear.
- I have taken into account betterment and depreciation on the shower wall. I am satisfied that there should be 50% deducted to reflect betterment by the new wall linings in an older property. 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.