Published tribunal order
Tenancy Tribunal case 5343581 — Property damage at 17 Curlew Place, Favona, Auckland 2024
Decided 21 Nov 2025 · Published 21 Nov 2025 · Application 5343581
- Property damage
Order
- [The tenant/s] must pay Kāinga Ora–Homes and Communities $712.72 immediately, as calculated in the table below:
- The Bond Centre is to pay the bond of $210.00 (3027659-005) to Kāinga Ora– Homes and Communities immediately.
Reasons
- The landlord attended the hearing. The tenant did not attend and did not respond despite being telephoned on the numbers ending in 742 and 142.
- The landlord has applied for compensation and refund of the bond 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 claims for rubbish removal at the property, including interior rubbish, exterior rubbish and removal of types. Photographs and evidence of the costs have been provided, and the total amount claimed for rubbish removal is $738.70.
- On review of the evidence provided, I am satisfied that the tenant did not remove all rubbish.
- The amount ordered is proved.
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 repair costs resulting from holes in the hallway walls, a missing door handle, a hole in the hallway door and a hole in the kitchen wall. Photographs and a break down of costs have been provided with the total amount being sought of $255.31.
- The following damage was caused during the tenancy: Holes in walls, door and missing door handle. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.
- There was a rent credit of $71.29 and this has also been deducted from the final amount owing. R Harvey-Lane 21 November 2025