Tenantcheck Insights · Case study
Tenancy Tribunal case 5424235 — Property damage at 12 Park Avenue, Takaka, Takaka 7110
Decided 14 April 2026 · Published 14 April 2026 · Application 5424235
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Takaka
Tribunal region
Adjudicator
N Walker
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $1,375.92
- Total balance for Tenant to pay Landlord
- $1,375.92
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Repairs: Walls | $575.00 | Repairs: Walls | |
| Couch replacement | $200.00 | Couch replacement | |
| Mattress replacement | $200.00 | Mattress replacement | |
| Cleaning | $225.00 | Cleaning | |
| WIFI replacement | $147.92 | WIFI replacement | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $1,375.92 | ||
| Bond | $1,520.00 | ||
| Total payable by Tenant to Landlord | $1,375.92 |
Claims and awards for application 5424235 — net $1,375.92 NZD. Verify on MoJ.
Repairs: Walls
- Amount
- $575.00
- Awarded to
- Landlord
- Reason
- Repairs: Walls
Couch replacement
- Amount
- $200.00
- Awarded to
- Landlord
- Reason
- Couch replacement
Mattress replacement
- Amount
- $200.00
- Awarded to
- Landlord
- Reason
- Mattress replacement
Cleaning
- Amount
- $225.00
- Awarded to
- Landlord
- Reason
- Cleaning
WIFI replacement
- Amount
- $147.92
- Awarded to
- Landlord
- Reason
- WIFI replacement
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $1,375.92
Bond
Landlord $1,520.00
Total payable by Tenant to Landlord
Landlord $1,375.92
Claim types — money lines allowed on this order
Order
- Karine Moinaux to pay Paul Richard McConachie and Sally Wood $1,375.92 from the bond, calculated as shown in table below.
- The Bond Centre is to pay the bond of $1,520.00 (16616462) immediately apportioned as follows: Paul Richard McConachie and Sally Wood: $1,375.92 Karine Moinaux: $144.08
Reasons
- Both parties attended the hearing held on 14 April 2026 remotely.
- The landlord has applied for compensation, refund of the bond, 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
- The landlord claimed $506.25 (11.25 hours at $45) for cleaning but this was reduced to $225.00 (5 hours at $45) based on the evidence produced.
- The landlord claimed for replacement of the WIFI which the tenant acknowledged was removed by her or someone she had sublet part of the premises to. The claim of $147.92 is granted.
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: wall holes, damaged couch, damaged mattress. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.
- Because Paul Richard McConachie, Sally Wood 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(1), s40(2), s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: property damage
- Dispute theme: cleaning
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5424235?
The tribunal order states: Karine Moinaux to pay Paul Richard McConachie and Sally Wood $1,375.92
How much money was awarded in case 5424235?
Cleaning: $225.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $147.92 awarded to landlord; Walls: $575.00 awarded to landlord
What type of tenancy dispute was case 5424235?
The primary dispute was Property damage. Related themes: Cleanliness.
Where can I read the official tribunal order for case 5424235?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13442722-Tenancy_Tribunal_Order.pdf.