What was Tenancy Tribunal case 5363850 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $9,658.00 immediately, calculated as

How much money was awarded in case 5363850?

Cleaning: $330.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; 10 X Holes In Walls: $1,600.00 awarded to landlord; Bedroom Door And Latch: $750.00 awarded to landlord; Carport Cladding: $150.00 awarded to landlord; Lamp Cover: $300.00 awarded to landlord; Replace Sliding Door Unit: $6,500.00 awarded to landlord

What type of tenancy dispute was case 5363850?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5363850?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13009555-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5363850 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $9,658.00 immediately, calculated as

How much money was awarded in case 5363850?

Cleaning: $330.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; 10 X Holes In Walls: $1,600.00 awarded to landlord; Bedroom Door And Latch: $750.00 awarded to landlord; Carport Cladding: $150.00 awarded to landlord; Lamp Cover: $300.00 awarded to landlord; Replace Sliding Door Unit: $6,500.00 awarded to landlord

What type of tenancy dispute was case 5363850?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5363850?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13009555-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5363850 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5363850 — net $9,658.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: 10 x holes in walls	$1,600.00	Repairs: 10 x holes in walls
Repairs: Bedroom door and latch	$750.00	Repairs: Bedroom door and latch
Carpet Cleaning	$330.00	Carpet Cleaning
Repairs: lamp cover	$300.00	Repairs: lamp cover
Repairs: Replace sliding door unit	$6,500.00	Repairs: Replace sliding door unit
Repairs: Carport cladding	$150.00	Repairs: Carport cladding
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$9,658.00
Total payable by Tenant to Landlord	$9,658.00

As noted in my adjournment order of 16 December 2025, the landlord attended hearing. However, there was some confusion as to whether the hearing was face-to-face or via the conference. The tenant was called and advised that she was going to come to the court for the hearing, however, after approximately 45 minutes and several further attempts to reach her on the telephone no attendance was made. I chose to continue with hearing absence. Following the hearing the matter was adjourned part heard to allow the landlord to adduce evidence relating to the damaged branch slider. The tenant was allowed further opportunity to provide comment on the evidence. However, she did not do so in the hearing closed on the papers on 23 December 2025.

The tenancy was terminated by order of the Tribunal due to rent arrears which were awarded in a previous Tribunal decision. This application relates to damage to the property which was discovered by the landlord on re-entry.

The tenancy in question has two separate areas. The upstairs Lockwood style home, and a downstairs flat which was constructed in 2018. This application largely relates to damage in the downstairs flat. The landlord advises that a sub-letting boarder had been living downstairs and had caused a significant amount of damage. The evidence provided shows that the damage included: a. a large number of holes punched in gib walls; b. damage to a fence, where palings have been kicked in; c. a bedroom door which had been smashed; d. what appears to be human faeces been ground into carpet; e. a lamp cover had been broken; f. a hole had been smashed in cladding in the carport; and g. most significantly an aluminium sliding door unit had been damaged by twisting forces breaking the glass panes and preventing the unit from being able to be closed.

Section 40 of the Residential Tenancies Act 1986 (RTA) sets out the tenant’s responsibilities. S40(2)(a) states: “The tenant shall not... Intentionally or carelessly damage, or permit any other person to damage, the premises”.

Section 41 RTA, makes a tenant responsible for the actions of those who are in the premises with the tenant’s permission.

If damage has occurred recklessly or accidentally, and the landlord’s insurance may cover the damage this limits attendance liability. However, considering the evidence of the damage it is apparent that apart from the lamp cover carport cladding, the rest of the damage is of a nature which can only have occurred through intentional acts. As the damage to the carport cladding and the lamp cover are less than the landlord’s excess of $750 the insurance provisions do not apply.

The border was subletting the downstairs flat, and was therefore at the premises with the tenant’s permission. The damage was intentional. Therefore, the tenant was in breach of her obligations under section 40 and is liable for the costs to repair the damage.

I have considered whether depreciation should be applied. The evidences that the flat was constructed in 2018, and the damaged property was not new. However, the nature of the damage property as these are not items which are not normally replaced in the life of the building. Rather they are items which would be expected to continue in use as long as the building does. This being so I see no justification in applying depreciation to the cost to remedy the value.

As the landlord has been entirely successful in the application I also award the filing fee.

Claims and awards in Tenancy Tribunal application 5363850 — net $9,658.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: 10 x holes in walls	$1,600.00	Repairs: 10 x holes in walls
Repairs: Bedroom door and latch	$750.00	Repairs: Bedroom door and latch
Carpet Cleaning	$330.00	Carpet Cleaning
Repairs: lamp cover	$300.00	Repairs: lamp cover
Repairs: Replace sliding door unit	$6,500.00	Repairs: Replace sliding door unit
Repairs: Carport cladding	$150.00	Repairs: Carport cladding
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$9,658.00
Total payable by Tenant to Landlord	$9,658.00

Order

[The tenant/s] must pay [The landlord/s] $9,658.00 immediately, calculated as shown in table below:

Reasons

As noted in my adjournment order of 16 December 2025, the landlord attended hearing. However, there was some confusion as to whether the hearing was face-to-face or via the conference. The tenant was called and advised that she was going to come to the court for the hearing, however, after approximately 45 minutes and several further attempts to reach her on the telephone no attendance was made. I chose to continue with hearing absence. Following the hearing the matter was adjourned part heard to allow the landlord to adduce evidence relating to the damaged branch slider. The tenant was allowed further opportunity to provide comment on the evidence. However, she did not do so in the hearing closed on the papers on 23 December 2025.
The tenancy was terminated by order of the Tribunal due to rent arrears which were awarded in a previous Tribunal decision. This application relates to damage to the property which was discovered by the landlord on re-entry.
The tenancy in question has two separate areas. The upstairs Lockwood style home, and a downstairs flat which was constructed in 2018. This application largely relates to damage in the downstairs flat. The landlord advises that a sub-letting boarder had been living downstairs and had caused a significant amount of damage. The evidence provided shows that the damage included: a. a large number of holes punched in gib walls; b. damage to a fence, where palings have been kicked in; c. a bedroom door which had been smashed; d. what appears to be human faeces been ground into carpet; e. a lamp cover had been broken; f. a hole had been smashed in cladding in the carport; and g. most significantly an aluminium sliding door unit had been damaged by twisting forces breaking the glass panes and preventing the unit from being able to be closed.
Section 40 of the Residential Tenancies Act 1986 (RTA) sets out the tenant’s responsibilities. S40(2)(a) states: “The tenant shall not... Intentionally or carelessly damage, or permit any other person to damage, the premises”.
Section 41 RTA, makes a tenant responsible for the actions of those who are in the premises with the tenant’s permission.
If damage has occurred recklessly or accidentally, and the landlord’s insurance may cover the damage this limits attendance liability. However, considering the evidence of the damage it is apparent that apart from the lamp cover carport cladding, the rest of the damage is of a nature which can only have occurred through intentional acts. As the damage to the carport cladding and the lamp cover are less than the landlord’s excess of $750 the insurance provisions do not apply.
The border was subletting the downstairs flat, and was therefore at the premises with the tenant’s permission. The damage was intentional. Therefore, the tenant was in breach of her obligations under section 40 and is liable for the costs to repair the damage.
I have considered whether depreciation should be applied. The evidences that the flat was constructed in 2018, and the damaged property was not new. However, the nature of the damage property as these are not items which are not normally replaced in the life of the building. Rather they are items which would be expected to continue in use as long as the building does. This being so I see no justification in applying depreciation to the cost to remedy the value.
As the landlord has been entirely successful in the application I also award the filing fee.

Tenancy Tribunal case 5363850 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5363850 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions