Published tribunal order
Tenancy Tribunal case 5340527 — Property damage
Decided 28 Nov 2025 · Published 28 Nov 2025 · Application 5340527
- Property damage
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.
- Lachie John Burn to pay [The landlord/s] $1,728.42 from the bond, as calculated in the table below:
- [The landlord/s] is to pay Lachie John Burn $791.58 immediately.
Reasons
- Both parties attended the hearing.
- The landlord has applied for compensation, refund of the bond, 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).
- The landlord says that the tenant did not return the keys to the garage, and they were required to engage a locksmith and for keys to be cut at the total invoiced cost of $165.50.
- The tenant says that he never had keys to the garage, and that it was never able to be locked throughout the tenancy.
- The difficulty that I have, is that I cannot be surer than not, that the tenant was provided with keys to the garage at the commencement of the tenancy. There are no photographs of the provided keys, or some other evidence that shows what keys were provided at the commencement and what keys were returned at the end of the tenancy.
- Accordingly, I have insufficient evidence and this claim is dismissed.
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 damage to the walls and doors (including the bathroom door upstairs and a wardrobe door), a laundry cupboard that was only half built in and missing internal door hinges. The landlord has provided an invoice for the total cost of repairs being $1,700.42. The invoice details work to the laundry cupboard, repairs to a tub, patching, grouting damaged tiles, replacing skirting in places and repairing the hinges, wardrobe door and bedroom door.
- The tenant does not dispute this work. He simply advises that he had requested the invoice or breakdown of the works required and had only received it the day before the hearing.
- The following damage was caused during the tenancy: Walls, doors, laundry cupboard and tiles. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.
- The bond had already been refunded due to a previous Tribunal order; however, the tenant had then paid the full amount. As a result, the bond is currently being held with the landlord and this order directs payment of the held funds.
- Because [The applicant/s] has substantially succeeded with the claim I have also reimbursed the filing fee. R Harvey-Lane 28 November 2025