Tenantcheck Insights · Case study
Tenancy Tribunal case 5373601 — Property damage at 83 Kawiu Road, Levin, Levin 5510
Published 27 January 2026 · Application 5373601
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Levin
Tribunal region
Adjudicator
K Stirling
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $4,658.30
- Bond payment as ordered
- −$1,920.00
- Total balance for Tenant to pay Landlord
- $2,738.30
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rubbish removal | $579.00 | Rubbish removal | |
| Window repairs | $976.30 | Window repairs | |
| Repairs: Holes in wall and doors | $600.00 | Repairs: Holes in wall and doors | |
| Repairs: Damaged Woodfire | $2,475.00 | Repairs: Damaged Woodfire | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $2,738.30 | ||
| Total payable by Tenant to Landlord | $2,738.30 |
Claims and awards for application 5373601 — net $2,738.30 NZD. Verify on MoJ.
Rubbish removal
- Amount
- $579.00
- Awarded to
- Landlord
- Reason
- Rubbish removal
Window repairs
- Amount
- $976.30
- Awarded to
- Landlord
- Reason
- Window repairs
Repairs: Holes in wall and doors
- Amount
- $600.00
- Awarded to
- Landlord
- Reason
- Repairs: Holes in wall and doors
Repairs: Damaged Woodfire
- Amount
- $2,475.00
- Awarded to
- Landlord
- Reason
- Repairs: Damaged Woodfire
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $2,738.30
Total payable by Tenant to Landlord
Landlord $2,738.30
Claim types — money lines allowed on this order
Order
- Kitana Matapelu must pay Charlotte Elizabeth Maclean and Alasdair Maclean $2,738.30 immediately, calculated as shown in the table below.
- The Bond Centre is to pay the bond of $1,920.00 (BN-00134615) to Charlotte Elizabeth Maclean and Alasdair Maclean immediately.
Reasons
- The landlord attended the telephone hearing. The Tribunal telephoned the tenant on the cell phone number provided for her in the application but the calls diverted to voice mail. I am satisfied that the tenant received notice of the hearing and did not attend.
- 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 tenant did not leave the premises reasonably clean and tidy by failing to remove all rubbish and belongings as shown in the photos produced in evidence.
- 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 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.
- 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 following damage was caused during the tenancy: The interior of the woodfire box and some of the piping connected to the flue were removed, causing the flu to drop down. Replacement of the interior of the firebox and the flue were required; There were holes/damage in the kitchen wall and in the doors of an upstairs bedroom and the front and back doors; two aluminium windows were broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage which I find was likely intentional.
- The amounts ordered are proved.
- As the landlord has succeeded with their claims, they are entitled to reimbursement of the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s40(2), s49B(1), s49B(3)
Key findings
- Dispute theme: property damage
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5373601?
The tribunal order states: Kitana Matapelu must pay Charlotte Elizabeth Maclean and Alasdair Maclean
How much money was awarded in case 5373601?
Filing Fee: $28.00 awarded to landlord; Property Damage: $976.30 awarded to landlord; Property Damage: $2,475.00 awarded to landlord; Walls and Doors: $600.00 awarded to landlord; Rubbish Removal: $579.00 awarded to landlord
What type of tenancy dispute was case 5373601?
The primary dispute was Property damage.
Where can I read the official tribunal order for case 5373601?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13022973-Tenancy_Tribunal_Order.pdf.