Published tribunal order
Tenancy Tribunal case 5341845 — Property damage at Unit/Flat 3, 1A Henry Street, Avondale, Auckland 1026
Published 3 June 2026 · Application 5341845
Mixed / unclear
- Property damage
Order
- The landlord’s claim for water rates ($510.12) is allowed by consent.
- The landlord’s claims for the cost to reinstate garden areas ($301.86) and to repair the lounge walls/doors ($1,305.25) are proved.
- The tenants’ defence to the landlord’s claims is unsuccessful.
- The Tribunal’s order dated 17 April 2026 is reinstated. The tenants must pay the landlord $892.23, the balance owing after the payment of the bond to the landlord.
Reasons
- On 17 April 2026, the Tribunal made an order on the landlord’s application for water rates, the cost of reinstating garden areas, and repairs to walls and doors in the lounge.
- The tenants did not attend the hearing. They arrived after the hearing had ended.
- The Tribunal granted the tenants a rehearing limited to the issues raised in the landlord’s application. It did not grant a rehearing of the tenants’ new claims against the landlord.
- I set a timetable for submissions from the parties as I directed that the rehearing application would be decided on the papers.
- Both parties have provided written submissions as directed. The landlord’s claims.
- The landlord has 3 claims: •Water rates - $510.12 •The costs for garden reinstatement - $301.86 •Repairs to walls and doors in the lounge - $1,305.25. The tenants submissions
- The tenants accept the landlord’s claim for water rates which they state they have never disputed.
- The tenants state that they were given approval to develop a vegetable garden and most of the damage to areas of the garden was caused by the landlord’s contractors doing exterior painting.
- The tenants accept they are liable for the damaged living room doors and walls and for reasonable spot painting, but not for skim coating or repainting and not for betterment. The landlord’s submissions
- The claim for water rates was agreed.
- The cost to reinstate the gardens was much greater than the amount claimed which is limited to the damage the tenants caused and did not remedy. The rear gardens were destroyed through lack of care and general neglect. The area was used as a rubbish dump. None of the contractor’s labour was included in the claim for garden reinstatement.
- The claim for the walls and doors was for the living room. The pinholes, screw holes, and dents in the living room walls were so extensive and well beyond fair wear and tear that a skim coat of plaster was needed to repair them. Discussion
- Tenants are liable for damage they or others at the premises with their consent cause that is beyond fair wear and tear 1 .
- The tenants accept the landlord’s claim for water rates. I allow that claim by consent.
- I have considered all the evidence the parties provided including the photographic evidence.
- I find that the landlord’s claims for the reinstatement of the garden areas and for the repair of the damage caused by the tenants in the lounge (some of which is accepted) are proved.
- The Tribunal must consider depreciation and betterment. A landlord should not be better off because of repair work, only returned to the position before the damage was done.
- I am satisfied that the landlord has only claimed for the repair of the damage caused by the tenants, not for any additional work that might have improved the premises. Result
- The landlord’s claims are proved. The tenants must pay the landlord $892.23 as set out in the Tribunal’s order dated 17 April 2026 which is now reinstated.