What was Tenancy Tribunal case 5331748 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 5331748?

Filing Fee: $28.00 awarded to landlord

What type of tenancy dispute was case 5331748?

The dispute type was not classified.

Where can I read the official tribunal order for case 5331748?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12581807-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5331748 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 5331748?

Filing Fee: $28.00 awarded to landlord

What type of tenancy dispute was case 5331748?

The dispute type was not classified.

Where can I read the official tribunal order for case 5331748?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12581807-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5331748 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 5331748 — net $28.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$28.00
Total payable by Tenant to Landlord	$28.00

Claims and awards in Tenancy Tribunal application 5331748 — net $28.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$28.00
Total payable by Tenant to Landlord	$28.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of [the Landlord/s] name and identifying details.
By consent, Jaedyn Fairbairn is to complete the remedial work no later than 31 October 2025.
Jaedyn Fairbairn must pay [the landlord/s] $28.00 immediately, calculated as shown in table below. DescriptionLandlord Filing fee reimbursement$28.00 Total award$28.00 Total payable by Tenant to Landlord$28.00

Reasons

The hearing was conducted via video conference.
[The landlord’s representative] appeared on behalf of the landlord.
Mr Fairbairn, the tenant, appeared.
The landlord seeks orders that the tenant remedy damage caused to the property which has not been repaired to a satisfactory standard, despite a 14- day notice to remedy being issued on 5 August 2025.
Following inspection on 21 August 2025, and again on 1 October 2025, the landlord concluded that while some repair work had been attempted, it was not completed to a professional standard and therefore is an ongoing and continuing breach of the tenancy agreement and section 40(2)(a) of the Residential Tenancies Act 1986 (“RTA”).
The landlord seeks an order requiring the tenant to permit access for repairs to be completed by the landlord’s contractor and to be responsible for the reasonable cost of the repairs.

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’s submissions
[The landlord’s representative] stated that damage had occurred to several parts of the premises, including the master bedroom wall, hallway, and second bedroom door. A 14-day notice was issued, but the work subsequently undertaken by the tenant was of poor quality. The landlord therefore seeks an order allowing their own contractor to complete the works and to recover costs from the tenant.
[The landlord’s representative] further stated that the landlord had offered to arrange qualified tradespeople, but the tenant had chosen to carry out the repairs himself, resulting in unsatisfactory outcomes. [The landlord/s representative] confirmed his willingness to provide a quote to the tenant so that he could seek financial assistance from WINZ. The tenant’s submissions
Mr Fairbairn acknowledged the damage and his attempt to remedy it. He explained that during the relevant period, he faced significant personal hardship, including being unable to drive and attending to other personal matters.
He stated that he had difficulty securing reliable tradespeople and that the individual he eventually engaged produced substandard work and was not WINZ-approved. Mr Fairbairn indicated willingness for the landlord’s contractor to complete the repairs, provided he could receive a quote to submit to WINZ for payment assistance. He also offered to contribute $50 per week toward costs if WINZ funding were unavailable. Discussion
I have seen the photos showing the damage. It is also evident from Mr Fairbairn’s acknowledgment of the damage that the damage is more than fair wear and tear.
[The landlord’s representative] was not seeking a work order. In my view, that is a sensible approach, as Mr Fairbairn may not be able to comply with such an order.
I understand that [the landlord’s representative] prefers to have Mr Fairbairn’s commitments formally recorded so that both parties are clear about their respective obligations moving forward.
To assist the parties, and by consent, I record the following: a. Mr Fairbairn is to permit access for the landlord’s contractors to complete the agreed repairs at the property at reasonable times, with at least 24 hours’ notice. b. The landlord is to provide a written quotation for the repair costs to the tenant by 22 October 2025. c. Mr Fairbairn is to submit the quotation to WINZ immediately upon receipt. d. If WINZ declines or delays payment, Mr Fairbairn is to repay the cost of repairs to the landlord by instalments of $50 per week, on top of the weekly rent, until paid in full. e. The remedial work is to be completed no later than 31 October 2025. Filing fee
Because [The landlord/s] has wholly succeeded with the application, I must reimburse the filing fee.

Tenancy Tribunal case 5331748 — Tenancy dispute

At a glance

Tenancy Tribunal case 5331748 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions