What was Tenancy Tribunal case 5361064 about?

The tribunal order states: [The tenant/s] must pay Swissmade Investments Limited $2,293.36

How much money was awarded in case 5361064?

Filing Fee: $28.00 awarded to landlord; Property Damage: $2,265.36 awarded to landlord

What type of tenancy dispute was case 5361064?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5361064?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12890537-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5361064 about?

The tribunal order states: [The tenant/s] must pay Swissmade Investments Limited $2,293.36

How much money was awarded in case 5361064?

Filing Fee: $28.00 awarded to landlord; Property Damage: $2,265.36 awarded to landlord

What type of tenancy dispute was case 5361064?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5361064?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12890537-Tenancy_Tribunal_Order.pdf.

19 Davis Crescent, Netherby, Ashburton 7700 Tenancy Tribunal Case 5361064 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5361064 — net $2,293.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$2,265.36	Repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,293.36
Total payable by Tenant to Landlord	$2,293.36

The landlord attended the hearing. The tenant did not attend and did not respond despite being telephoned on the number ending in 508.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

The Tribunal has previously terminated the tenancy, granting possession to the landlord and awarding rent arrears to 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.

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: a. A broken glass door. b. A missing laundry door handle. c. Drawer repair (front panel broken). d. Walls painted black that requiring re-painting. e. Damaged floor planks (including deep scratches). f. Associated costs (such as rubbish removal and refuse charges).

Photographs, both prior to the tenancy and of the damage have been provided, together with invoices and receipts. The total claimed amount for the repairs is $2,265.36.

The following damage was caused during the tenancy: Broken glass door, missing door handle, damaged kitchen drawer, painted walls and damaged floors. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Because Swissmade Investments Limited has wholly succeeded with the claim I must also reimburse the filing fee. R Harvey-Lane 18 December 2025

Claims and awards in Tenancy Tribunal application 5361064 — net $2,293.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$2,265.36	Repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,293.36
Total payable by Tenant to Landlord	$2,293.36

Order

[The tenant/s] must pay Swissmade Investments Limited $2,293.36 immediately, as calculated in the table below:

Reasons

The landlord attended the hearing. The tenant did not attend and did not respond despite being telephoned on the number ending in 508.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The Tribunal has previously terminated the tenancy, granting possession to the landlord and awarding rent arrears to 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.
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: a. A broken glass door. b. A missing laundry door handle. c. Drawer repair (front panel broken). d. Walls painted black that requiring re-painting. e. Damaged floor planks (including deep scratches). f. Associated costs (such as rubbish removal and refuse charges).
Photographs, both prior to the tenancy and of the damage have been provided, together with invoices and receipts. The total claimed amount for the repairs is $2,265.36.
The following damage was caused during the tenancy: Broken glass door, missing door handle, damaged kitchen drawer, painted walls and damaged floors. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Swissmade Investments Limited has wholly succeeded with the claim I must also reimburse the filing fee. R Harvey-Lane 18 December 2025

Tenancy Tribunal case 5361064 — Property damage at 19 Davis Crescent, Netherby, Ashburton 7700

At a glance

Tenancy Tribunal case 5361064 — Property damage at 19 Davis Crescent, Netherby, Ashburton 7700

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

Property management

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

Property management

Frequently asked questions