Tenantcheck Insights · Case study
Tenancy Tribunal case 5375382 — Property damage at 30A Granger Road, Cockle Bay, Auckland 2014
Decided 19 March 2026 · Published 19 March 2026 · Application 5375382
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
D Watson
Dispute themes
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Repairs | $552.00 | Repairs | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement |
Claims and awards for application 5375382. Verify on MoJ.
Repairs
- Amount
- $552.00
- Awarded to
- Landlord
- Reason
- Repairs
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Claim types — money lines allowed on this order
Order
- Catherine Gelling must pay Hammond & Co Property Limited As Agent For Jason Wolfe $580.00 calculated as shown in the table below.
Reasons
- Only the landlord attended the hearing.
- The landlord has applied for compensation and reimbursement of the filing fee following 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.
- 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: a. A sky dish was installed and had to be removed b. Two holes were placed in the walls of the bedroom c. The door handle was broken. d. 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 Hammond & Co Property Limited As Agent For Jason Wolfe has wholly succeeded with the claim I must reimburse 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(2), s49B(1)
Key findings
- Dispute theme: property damage
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5375382?
The tribunal order states: Catherine Gelling must pay Hammond & Co Property Limited As Agent For
How much money was awarded in case 5375382?
Filing Fee: $28.00 awarded to landlord; Property Damage: $552.00 awarded to landlord
What type of tenancy dispute was case 5375382?
The primary dispute was Property damage.
Where can I read the official tribunal order for case 5375382?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13308940-Tribunal_Order.pdf.