What was Tenancy Tribunal case 5322342 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5322342?

Filing Fee: $28.00 awarded to landlord; Property Damage: $3,250.00 awarded to landlord

What type of tenancy dispute was case 5322342?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5322342?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12579755-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5322342 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5322342?

Filing Fee: $28.00 awarded to landlord; Property Damage: $3,250.00 awarded to landlord

What type of tenancy dispute was case 5322342?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5322342?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12579755-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5322342 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5322342 — net $3,278.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repair costs (insurance excesses	$3,250.00	Repair costs (insurance excesses
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,278.00
Total payable by Tenant to Landlord	$3,278.00

The landlord attended the hearing. The tenant did not attend and did not respond when telephoned on the number ending in 157.

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 (RTA).

On review of the evidence provided, I consider that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. There were belongings and items of rubbish left at the property that required disposal and significant cleaning required throughout.

The amount for rubbish removal has been included in the insurance obtained by the landlord, together with damages, and so will be included below.

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 landlord claims for significant damage to the property. Photographs have been provided in support of the claim.

The landlord claims that the damage was caused during the tenancy and was both intentional and careless. This includes several holes to the walls and doors throughout the property, graffiti and drawings on frames and walls, cracking to the kitchen flooring, broken windows and doors, missing doors and damage to the oven cook top. Evidence of this damage is clear from provided photographs and insurance assessor reports.

The total repair costs incurred by the landlord was over $19,000.00. However, the landlord has been able to obtain insurance for the damage.

The insurance company has deemed the damage as five separate events and therefore have charged five excesses of $650.00 each. The total amount being claimed is therefore $3,250.00.

I am satisfied that the following damage was caused during the tenancy: Considerable damage to walls, doors, flooring, windows, and the oven cook top. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is proved.

Because [The applicant/s] has wholly succeeded with the claim I must also reimburse the filing fee. R Harvey-Lane 17 October 2025

Claims and awards in Tenancy Tribunal application 5322342 — net $3,278.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repair costs (insurance excesses	$3,250.00	Repair costs (insurance excesses
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,278.00
Total payable by Tenant to Landlord	$3,278.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Nooroa Teao must pay [The landlord/s] $3,278.00 immediately, as calculated in the table below:

Reasons

The landlord attended the hearing. The tenant did not attend and did not respond when telephoned on the number ending in 157.
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 (RTA).
On review of the evidence provided, I consider that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. There were belongings and items of rubbish left at the property that required disposal and significant cleaning required throughout.
The amount for rubbish removal has been included in the insurance obtained by the landlord, together with damages, and so will be included below.

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 landlord claims for significant damage to the property. Photographs have been provided in support of the claim.
The landlord claims that the damage was caused during the tenancy and was both intentional and careless. This includes several holes to the walls and doors throughout the property, graffiti and drawings on frames and walls, cracking to the kitchen flooring, broken windows and doors, missing doors and damage to the oven cook top. Evidence of this damage is clear from provided photographs and insurance assessor reports.
The total repair costs incurred by the landlord was over $19,000.00. However, the landlord has been able to obtain insurance for the damage.
The insurance company has deemed the damage as five separate events and therefore have charged five excesses of $650.00 each. The total amount being claimed is therefore $3,250.00.
I am satisfied that the following damage was caused during the tenancy: Considerable damage to walls, doors, flooring, windows, and the oven cook top. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.
Because [The applicant/s] has wholly succeeded with the claim I must also reimburse the filing fee. R Harvey-Lane 17 October 2025

Tenancy Tribunal case 5322342 — Property damage

At a glance

Tenancy Tribunal case 5322342 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions