What was Tenancy Tribunal case 5391064 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $34,923.77

How much money was awarded in case 5391064?

Filing Fee: $28.00 awarded to landlord; Insurance Monies Received: $1,250.00 awarded to tenant; Property Damage: $7,800.00 awarded to landlord; Rent Arrears: $6,527.00 awarded to landlord; floorboards, kitchen, cabinets, toil…: $23,000.00 awarded to landlord; Rubbish Removal: $700.00 awarded to landlord; Water Rates: $718.77 awarded to landlord

What type of tenancy dispute was case 5391064?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5391064?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13266776-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5391064 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $34,923.77

How much money was awarded in case 5391064?

Filing Fee: $28.00 awarded to landlord; Insurance Monies Received: $1,250.00 awarded to tenant; Property Damage: $7,800.00 awarded to landlord; Rent Arrears: $6,527.00 awarded to landlord; floorboards, kitchen, cabinets, toil…: $23,000.00 awarded to landlord; Rubbish Removal: $700.00 awarded to landlord; Water Rates: $718.77 awarded to landlord

What type of tenancy dispute was case 5391064?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5391064?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13266776-Tribunal_Order.pdf.

Unit/Flat Unit 2, 14 Kelvin Road, Papakura, Papakura 2110 Tenancy Tribunal Case 5391064 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5391064 — net $34,923.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 21 November 2025	$6,527.00		Rent arrears to 21 November 2025
Water rates	$718.77		Water rates
Rubbish removal	$700.00		Rubbish removal
Repairs: floorboards, kitchen, cabinets, toilet, moisture control and plasterboards, painting and sanding of walls	$23,000.00		Repairs: floorboards, kitchen, cabinets, toilet, moisture control and plasterboards, painting and sanding of walls
12 weeks loss of rent while repairs are being carried out	$7,800.00		12 weeks loss of rent while repairs are being carried out
Filing fee reimbursement	$28.00		Filing fee reimbursement
Insurance monies received		$1,250.00	Insurance monies received
Total award	$38,773.77	$1,250.00
Net award	$34,923.77
Total payable by Tenant to Landlord	$34,923.77

Only the landlord attended the hearing on 12 January and 11 March 2026.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 21 November 2025.

The landlord provided rent records and water rates invoices which prove the amount owing at 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.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The amounts ordered are 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.

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.

There was a major leak on the property which was not reported by the tenant during the tenancy. The leak caused substantial damage to the floorboards, kitchen, cabinets, toilet, plasterboards.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The resulting damage from the unreported leak is akin to intentional damage where the tenant has allowed a situation to continue, knowing that damage is a certainty.

The floorboards and kitchen cabinetry had to be replaced. Painting and sanding of walls were required to the replaced gib. Carpets had to be replaced.

The amounts ordered are proved. I have considered the insurance monies received by the landlord.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

I also allow the landlord’s claim for 12 weeks loss of rent while repairs are being carried out. The lost rent suffered by the tenant is a direct consequence of the tenant’s breach of the tenancy agreement.

Claims and awards in Tenancy Tribunal application 5391064 — net $34,923.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 21 November 2025	$6,527.00		Rent arrears to 21 November 2025
Water rates	$718.77		Water rates
Rubbish removal	$700.00		Rubbish removal
Repairs: floorboards, kitchen, cabinets, toilet, moisture control and plasterboards, painting and sanding of walls	$23,000.00		Repairs: floorboards, kitchen, cabinets, toilet, moisture control and plasterboards, painting and sanding of walls
12 weeks loss of rent while repairs are being carried out	$7,800.00		12 weeks loss of rent while repairs are being carried out
Filing fee reimbursement	$28.00		Filing fee reimbursement
Insurance monies received		$1,250.00	Insurance monies received
Total award	$38,773.77	$1,250.00
Net award	$34,923.77
Total payable by Tenant to Landlord	$34,923.77

Order

[The tenant/s] must pay [The landlord/s] $34,923.77 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing on 12 January and 11 March 2026.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 21 November 2025.
The landlord provided rent records and water rates invoices which prove the amount owing at 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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The amounts ordered are 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.
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.
There was a major leak on the property which was not reported by the tenant during the tenancy. The leak caused substantial damage to the floorboards, kitchen, cabinets, toilet, plasterboards.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The resulting damage from the unreported leak is akin to intentional damage where the tenant has allowed a situation to continue, knowing that damage is a certainty.
The floorboards and kitchen cabinetry had to be replaced. Painting and sanding of walls were required to the replaced gib. Carpets had to be replaced.
The amounts ordered are proved. I have considered the insurance monies received by the landlord.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
I also allow the landlord’s claim for 12 weeks loss of rent while repairs are being carried out. The lost rent suffered by the tenant is a direct consequence of the tenant’s breach of the tenancy agreement.

Tenancy Tribunal case 5391064 — Property damage at Unit/Flat Unit 2, 14 Kelvin Road, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 5391064 — Property damage at Unit/Flat Unit 2, 14 Kelvin Road, Papakura, Papakura 2110

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions