Published tribunal order
Tenancy Tribunal case 5320699 — Property damage
Decided 7 Jan 2026 · Published 7 Jan 2026 · Application 5320699
- Property damage
- Rent arrears
- Cleanliness
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
- Kelly Pourewa owes [The landlord] $5,699.67, calculated as shown in table below (“the debt”).
- Kelly Pourewa must repay the debt as follows: a. By 47 weekly payments of $50.00 each Monday, commencing on Monday 5 January 2026 and ending on 23 November 2026; and b. A final weekly payment of $49.67, to be paid on Monday 30 November 2026; and c. By 11 monthly payments of $300.00 to be paid on the last Monday of each month, commencing on 26 January 2026 and ending on 30 November 2026 to fully repay the debt. (The 11 dates are as follows: 26 January 2026, 23 February 2026, 30 March 2026, 27 April 2026, 25 May 2026, 29 June 2026, 27 July 2026, 31 August 2026, 28 September 2026, 26 October 2026, 30 November 2026).
- If Kelly Pourewa fails to pay any of the weekly or monthly debt repayments within 2 working days of the due dates, the full amount of the remaining debt will fall due immediately.
- The Bond Centre is to pay the bond of $3,200.00 ([Bond number suppressed]) to [The landlord] immediately.
Reasons
- The parties have provided written consent to the terms of this Order and requested that I make this Order by consent instead of referring them back to mediation.
- 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 and water rates?
- The tenancy ended on 12 June 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The tenant has agreed to the amounts sought by 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.
- The tenant did not return the keys.
- The garage remote control was missing at the end of the tenancy:
- The amounts ordered are proved. The tenant has agreed to the amounts sought by the landlord.
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 tenant has agreed she is responsible for the cost of repairing the following damage was caused during the tenancy because she accepts the damage is more than fair wear and tear, and she is therefore liable for the damage.
- The amounts ordered are proved. Reimbursement of filing fee
- Because [The applicant] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
- The landlord applies for non-publication of its name and identifying details.
- The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
- The landlord has wholly succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.
- Non-publication is ordered.