Tenantcheck Insights · Case study
Tenancy Tribunal case 5386872 — Property damage at 38B Birkdale Road, Birkdale, Auckland 0626, Downstairs
Decided 24 February 2026 · Published 24 February 2026 · Application 5386872
Landlord favoured
- Property damage
- Leaks
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
S Young
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $1,550.00
- Total balance for Tenant to pay Landlord
- $1,550.00
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Repairs: Insurance excess carpet | $600.00 | Repairs: Insurance excess carpet | |
| Repairs: Plumbing | $552.00 | Repairs: Plumbing | |
| Repairs: Paint and plaster | $370.00 | Repairs: Paint and plaster | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $1,550.00 | ||
| Total payable by Tenant to Landlord | $1,550.00 |
Claims and awards for application 5386872 — net $1,550.00 NZD. Verify on MoJ.
Repairs: Insurance excess carpet
- Amount
- $600.00
- Awarded to
- Landlord
- Reason
- Repairs: Insurance excess carpet
Repairs: Plumbing
- Amount
- $552.00
- Awarded to
- Landlord
- Reason
- Repairs: Plumbing
Repairs: Paint and plaster
- Amount
- $370.00
- Awarded to
- Landlord
- Reason
- Repairs: Paint and plaster
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $1,550.00
Total payable by Tenant to Landlord
Landlord $1,550.00
Claim types — money lines allowed on this order
Order
- Teana Taaka Te-Kaute must pay Ian Morgan $1,550.00 immediately, calculated as shown in table below.
Reasons
- This matter was part heard on 17 December 2025. Both parties attended that hearing. Orders were made in favour of the landlord. The hearing was adjourned for the landlord to provide further evidence on claims for compensation.
- The landlord attended the remote hearing today.
- The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. There was no response to the call. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant.
- 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.
- 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. The landlord is insured. The landlord’s policy of insurance carries an excess of $600.00.
- 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 following damage was caused during the tenancy: The living room carpet was stained. The landlord said that he had been unable to remove the stains. The landlord provided photos of the carpet and a quote for replacement. The carpet was 2 years old and in good condition. The replacement cost is $1,017.25. The insurance excess is $600.00. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The tenant is ordered to pay compensation of $600.00. The premises included a macerator toilet. Only toilet paper can be placed in the macerator. On two previous occasions the tenant has placed items other than toilet paper into the macerator and has paid for the costs of repair. On this occasion, tampons have been placed in the macerator causing it to block. The landlord provided photos of the damage and an invoice for repairs. The damage is more than fair wear and tear and the tenant has not disproved liability for the damage. The tenant is ordered to pay compensation of $552.00 Walls in the lounge have been damaged where a television bracket has been removed. The bathroom wall was damaged after a towel rail was removed. A shelf has been removed from an area by the washing machine. The landlord provided photos of the damage and an invoice for repairs. The damage is more than fair wear and tear and the tenant has not disproved liability for the damage. The tenant is ordered to pay compensation of $370.00.
- The amounts ordered are proved.
- As Ian Morgan has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
- The tenant applied for name suppression. The tenant has not been wholly or substantially successful in this hearing and the tenant’s application is dismissed.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s2, s40(2), s49B, s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: property damage
- Dispute theme: leaks
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5386872?
The tribunal order states: Teana Taaka Te-Kaute must pay Ian Morgan $1,550.00 immediately, calculated
How much money was awarded in case 5386872?
Filing Fee: $28.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Paint And Plaster: $370.00 awarded to landlord; Plumbing: $552.00 awarded to landlord
What type of tenancy dispute was case 5386872?
The primary dispute was Property damage. Related themes: Leaks.
Where can I read the official tribunal order for case 5386872?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13176611-Tribunal_Order.pdf.