Published tribunal order
Tenancy Tribunal case 5414394 — Property damage at 18A Hueglow Rise, West Harbour, Auckland 0618
Decided 8 May 2026 · Published 8 May 2026 · Application 5414394
- Property damage
- Cleanliness
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
- Lisa Gardiner must pay [The landlord/s] $4,051.15 immediately, calculated as shown in table below.
Reasons
- The landlord attended the hearing held on 8 May 2026 by video. The tenant did not attend the hearing. An attempt was made to join the tenant to the hearing by telephone, but both calls went to voicemail.
- The landlord has applied for compensation 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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
- The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
- The landlord had to replace light bulbs and smoke alarm batteries.
- 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.
- The following damage was caused during the tenancy: carpet damage, front door damage, showerhead damage, blind damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.
- The landlord claimed for plastering and painting walls and ceiling. The photographs produced by the landlord did not show damage that required plastering and painting. That part of the landlord’s claim was dismissed.
- The tenant’s ledger showed that the tenant was in credit by $1,042.53 on 19 August 2025. That amount is deducted from the award against the tenant. The bond of $452.00 has been released to the landlord and that amount is also deducted.
- Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason the landlord’s name is suppressed as sought.