Tenantcheck Insights · Case study
Tenancy Tribunal case 5408666 — Property damage at 23 Fir Street, Waterview, Auckland 1026
Published 4 May 2026 · Application 5408666
Landlord favoured
- Property damage
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
G Guptill
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $3,954.62
- Total balance for Tenant to pay Landlord
- $1,474.62
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 18/11/2025 | $730.00 | Rent arrears to 18/11/2025 | |
| Water rates to end of tenancy | $596.62 | Water rates to end of tenancy | |
| Repairs: Carpet insurance excess | $400.00 | Repairs: Carpet insurance excess | |
| Repairs: Paintwork | $2,200.00 | Repairs: Paintwork | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $1,474.62 | ||
| Total payable by Tenant to Landlord | $1,474.62 |
Claims and awards for application 5408666 — net $1,474.62 NZD. Verify on MoJ.
Rent arrears to 18/11/2025
- Amount
- $730.00
- Awarded to
- Landlord
- Reason
- Rent arrears to 18/11/2025
Water rates to end of tenancy
- Amount
- $596.62
- Awarded to
- Landlord
- Reason
- Water rates to end of tenancy
Repairs: Carpet insurance excess
- Amount
- $400.00
- Awarded to
- Landlord
- Reason
- Repairs: Carpet insurance excess
Repairs: Paintwork
- Amount
- $2,200.00
- Awarded to
- Landlord
- Reason
- Repairs: Paintwork
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $1,474.62
Total payable by Tenant to Landlord
Landlord $1,474.62
Claim types — money lines allowed on this order
Order
- Tekeatongiariki Nwachukwu must pay Auckland Property Management Limited $1,474.62 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $2,480.00 (3474356-012) to Auckland Property Management Limited immediately. DescriptionLandlord Rent arrears to 18/11/2025$730.00 Water rates to end of tenancy$596.62 Repairs: Carpet insurance excess$400.00 Repairs: Paintwork$2,200.00 Filing fee reimbursement$28.00 Total award$3,954.62 Minus Bond$2,480.00 Total payable by Tenant to Landlord$1,474.62
Reasons
- Only the applicant landlord attended the hearing which took place by videoconference. The tenant did not attend the hearing so the Tribunal was not able to hear her response to the claims.
- 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 18 November 2025. The landlord provided rent records and water rates invoices which prove the amounts owing at 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 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.
- The landlord claimed the following damage was caused during the tenancy: (a)Carpet damage – the landlord claimed that the carpet was new at the beginning of the tenancy and stained at the end of the tenancy. I have considered the entry and exit photographs provided and am satisfied that the carpet in bedroom three was damaged more than fair wear and tear as it was stained during the tenancy beyond cleaning. The insurance excess claimed is $400.00 and this amount if ordered. (b)Paint damage – the landlord claimed that the premises were painted before the tenancy commenced and that there was paint damage during the tenancy to most walls which the tenant then touched up at the end of the tenancy with a different paint leaving multiple paint marks on the walls. The landlord provided entry and exit photographs showing very visible touch up marks. The landlord provided two quotes for the paint repairs and seeks the sum of $3668.50 in compensation being the quote for $3190.00 plus GST. The quote refers to painting chips and skirting in the laundry for $220.00 and repairing scratching and trims in the hallway also in the sum of $220.00. After considering the photographs I find that this damage is fair wear and tear however the paint touch-up damage in the bedrooms and living rooms is beyond fair wear and tear. The landlord advised that the work has not yet been done. As only a quote has been provided I must take a conservative approach. The quote does not state that the amount of $3190.00 is GST exclusive, therefore, I have not added GST. I have deducted $440.00 from the amount sought for the laundry and hallway and have deducted 20 percent from the balance of $2750.00 to account for depreciation and that this is only a quote. I order the tenant to pay compensation of $2200.00.
- Because Auckland Property Management Limited has substantially succeeded with the claim I have reimbursed 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), s49B(3), s49B(3A)
Key findings
- Dispute theme: rent arrears
- Dispute theme: property damage
Property management
- AUCKLAND PROPERTY MANAGEMENT LIMITED (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5408666?
The tribunal order states: Tekeatongiariki Nwachukwu must pay Auckland Property Management Limited
How much money was awarded in case 5408666?
Filing Fee: $28.00 awarded to landlord; Rent Arrears: $730.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Paintwork: $2,200.00 awarded to landlord; Water Rates: $596.62 awarded to landlord
What type of tenancy dispute was case 5408666?
The primary dispute was Property damage. Related themes: Rent arrears.
Where can I read the official tribunal order for case 5408666?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13536869-Tenancy_Tribunal_Order.pdf.