Tenantcheck Insights · Case study
Tenancy Tribunal case 5333301 — Property damage
Decided 22 Dec 2025 · Published 22 Dec 2025 · Application 5333301
- Property damage
Party names are redacted in the official published order. This page summarises the dispute only — not individual identities.
At a glance
Key facts from the published tribunal order.
Location
New Zealand
Tribunal region
Adjudicator
S Young
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $2,320.00
- Total balance for Tenant to pay Landlord
- $2,320.00
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Repairs | $2,320.00 | Repairs | |
| Net award | $2,320.00 | ||
| Bond | $2,320.00 | ||
| Total payable by Tenant to Landlord | $2,320.00 |
Claims and awards for application 5333301 — net $2,320.00 NZD. Verify on MoJ.
Repairs
- Amount
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
- [The tenant/s] to pay [The landlord/s] $2,320.00 from the bond, calculated as shown in table below.
- The Bond Centre is to pay the bond of $2,320.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Reasons
- Both parties attended the remote hearing on 18 December 2025.
- The landlord has applied for compensation and refund of the bond following the end of the tenancy.
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. The landlord’s insurance excess is $5,250.00 and accordingly the maximum tenant liability for careless damage is $2,320.00.
- 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 following damage was caused during the tenancy: The premises are over two levels. A separate tenancy relates to each level. The landlord is the owner of both premises.
- The tenant had her mother living with her. On the first occasion when the landlord says that damage was caused, the tenant’s mother left the tap in the toilet vanity running. The tap overflowed and flooded the area causing damage. The landlord did not seek compensation for this damage from the tenant.
- A short time later, a repeat of the incident occurred with damage being caused to the premises and leaks down through to the downstairs premises. The costs of repairs were substantial. I accept that the damage was caused carelessly. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- At the hearing, the tenant said that she had continued to pay rent after the end of the tenancy as a contribution towards the damage. The landlord has provided a payment summary for the period following the tenancy. The payment summary shows regular payments by the tenant of $20.00 since the end of the tenancy. The landlord says these payments have been made under an arrangement for the tenant to pay her outstanding water account.
- The amounts ordered are proved.
- Both parties applied for name suppression. The landlord has been wholly successful in this matter and suppression of the landlords name and details is ordered. The tenant has not been wholly or substantially successful in this matter. The tenants application form name suppression is dismissed.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(2), s49B, s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: property damage
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was Tenancy Tribunal case 5333301 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 5333301?
Property Damage: $2,320.00 awarded to landlord
What type of tenancy dispute was case 5333301?
The primary dispute was Property damage.
Where can I read the official tribunal order for case 5333301?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12904183-Tribunal_Order_Redacted.pdf.
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