What was the outcome of Tenancy Tribunal case 5420648?

The tribunal order states: Sharlene Toka must pay Ngati Hine Health Trust $1,329.56 immediately,

How much money was awarded in case 5420648?

Filing Fee: $28.00 awarded to landlord; Property Damage: $1,146.31 awarded to landlord; Water Rates: $763.25 awarded to landlord

What type of tenancy dispute was case 5420648?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5420648?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13557415-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5420648?

The tribunal order states: Sharlene Toka must pay Ngati Hine Health Trust $1,329.56 immediately,

How much money was awarded in case 5420648?

Filing Fee: $28.00 awarded to landlord; Property Damage: $1,146.31 awarded to landlord; Water Rates: $763.25 awarded to landlord

What type of tenancy dispute was case 5420648?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5420648?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13557415-Tenancy_Tribunal_Order.pdf.

17 Ikatere Place, Raumanga, Whangarei 0110 Tenancy Tribunal Case 5420648 — Property damage

Claims and awards in Tenancy Tribunal application 5420648 — net $1,329.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$763.25	Water rates
Repairs to walls	$1,146.31	Repairs to walls
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,329.56
Total payable by Tenant to Landlord	$1,329.56

Order

Sharlene Toka must pay Ngati Hine Health Trust $1,329.56 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $608.00 to Ngati Hine Health Trust immediately.
All other claims are dismissed.

Reasons

Both parties attended the hearing, which was conducted by videoconference, with Mr Whaley representing the landlord.
The landlord has applied for water charges, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 18 February 2025. The landlord provided water rates invoices in support of the claim for water charges, which the tenant accepts. The amount claimed is awarded above. Compensation for damage
The landlord claims compensation for damage to a door handle and walls. The claim for curtain damage has been withdrawn. The landlord advises that its insurance excess is $650.00. The landlord has provided entry and exit inspection reports, which includes photographs, along with an invoice for all the repair costs. Legal framework
To establish a claim for compensation for damage, 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 of the Residential Tenancies Act 1986 (the 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) of the 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) of the 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) of the 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) of the 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.
When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered. Door handle
The landlord states the door handle had come away from the door in bedroom 3 in the exit inspection report. The entry inspection report records this room to be bedroom 2. The tenant states she does not recall the handle being loose, and notes the landlord only informed her 7 months after the tenancy ended. The landlord notes the work was completed on 10 March 2025, soon after the tenancy ended, with the photograph being taken on 19 February 2025. The landlord does not consider this damage to be the result of wear and tear.
While the photographic evidence from the entry and exit inspection reports indicate it is likely the door handle came away from the door during this tenancy, I am not persuaded that this damage is more than fair wear and tear. Therefore, I find the tenant will not be liable for repairing the door handle, and this claim is dismissed. Wall repairs
The landlord claims the cost of repairing walls in the laundry, lounge, and two bedrooms. Photographs of the areas repaired have been provided. The tenant states she had arranged for all the holes to be plastered, and was concerned that she was not given the opportunity to complete the repairs herself. She states the holes in the lounge were from a television bracket. In terms of the other walls, where there was damage, the holes were plastered. In response, the landlord states that a contractor still had to sand and repaint the walls, as they could not re-let the premises with plaster marks all over the walls.
In this case, the tenant does not deny responsibility for the wall damage, but rather, the costs incurred for its repair. While acknowledging that the tenant has done some work to repair the damage, it is clear from the evidence that it was not completed. Therefore, the landlord is to be compensated for the costs incurred in completing the wall repairs, as shown in the invoice. The amount awarded above to the landlord is a total of the costs shown in the invoice for the four items relating to the wall repairs ($996.79) plus GST, making a total of $1,146.31. Filing fee and name suppression
As the landlord has been substantially successful, the tenant is to pay the landlord’s filing fee.
Neither party seeks name suppression.

Claims and awards in Tenancy Tribunal application 5420648 — net $1,329.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$763.25	Water rates
Repairs to walls	$1,146.31	Repairs to walls
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,329.56
Total payable by Tenant to Landlord	$1,329.56

Order

Sharlene Toka must pay Ngati Hine Health Trust $1,329.56 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $608.00 to Ngati Hine Health Trust immediately.
All other claims are dismissed.

Reasons

Both parties attended the hearing, which was conducted by videoconference, with Mr Whaley representing the landlord.
The landlord has applied for water charges, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 18 February 2025. The landlord provided water rates invoices in support of the claim for water charges, which the tenant accepts. The amount claimed is awarded above. Compensation for damage
The landlord claims compensation for damage to a door handle and walls. The claim for curtain damage has been withdrawn. The landlord advises that its insurance excess is $650.00. The landlord has provided entry and exit inspection reports, which includes photographs, along with an invoice for all the repair costs. Legal framework
To establish a claim for compensation for damage, 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 of the Residential Tenancies Act 1986 (the 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) of the 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) of the 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) of the 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) of the 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.
When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered. Door handle
The landlord states the door handle had come away from the door in bedroom 3 in the exit inspection report. The entry inspection report records this room to be bedroom 2. The tenant states she does not recall the handle being loose, and notes the landlord only informed her 7 months after the tenancy ended. The landlord notes the work was completed on 10 March 2025, soon after the tenancy ended, with the photograph being taken on 19 February 2025. The landlord does not consider this damage to be the result of wear and tear.
While the photographic evidence from the entry and exit inspection reports indicate it is likely the door handle came away from the door during this tenancy, I am not persuaded that this damage is more than fair wear and tear. Therefore, I find the tenant will not be liable for repairing the door handle, and this claim is dismissed. Wall repairs
The landlord claims the cost of repairing walls in the laundry, lounge, and two bedrooms. Photographs of the areas repaired have been provided. The tenant states she had arranged for all the holes to be plastered, and was concerned that she was not given the opportunity to complete the repairs herself. She states the holes in the lounge were from a television bracket. In terms of the other walls, where there was damage, the holes were plastered. In response, the landlord states that a contractor still had to sand and repaint the walls, as they could not re-let the premises with plaster marks all over the walls.
In this case, the tenant does not deny responsibility for the wall damage, but rather, the costs incurred for its repair. While acknowledging that the tenant has done some work to repair the damage, it is clear from the evidence that it was not completed. Therefore, the landlord is to be compensated for the costs incurred in completing the wall repairs, as shown in the invoice. The amount awarded above to the landlord is a total of the costs shown in the invoice for the four items relating to the wall repairs ($996.79) plus GST, making a total of $1,146.31. Filing fee and name suppression
As the landlord has been substantially successful, the tenant is to pay the landlord’s filing fee.
Neither party seeks name suppression.

Tenancy Tribunal case 5420648 — Property damage at 17 Ikatere Place, Raumanga, Whangarei 0110

At a glance

Tenancy Tribunal case 5420648 — Property damage at 17 Ikatere Place, Raumanga, Whangarei 0110

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for water rates?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for water rates?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions