Published tribunal order
Tenancy Tribunal case 5424413 — Property damage at 12A Guy Avenue, Levin, Levin 5510
Decided 17 Mar 2026 · Published 17 Mar 2026 · Application 5424413
- Property damage
Order
- [The tenant/s] must pay Team Group Rentals Limited as agent for Jiji Stephen and [The landlord/s] $5,889.30 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $82.86 (BN-00076694) to Team Group Rentals Limited as agent for Jiji Stephen and [The landlord/s] immediately. DescriptionLandlord Rubbish removal$1,031.21 Lock/key replacement$185.15 Garage cladding repair$469.20 General damage to house$4,258.60 Filing fee reimbursement$28.00 Total award$5,972.16 Bond$82.86 Total amount tenant must pay the landlord$5,889.30
Reasons
- The Tribunal heard this claim remotely on Microsoft Teams.
- Fleur Roach attended the hearing for the landlord by video.
- The tenant did not attend. The hearing proceeded in their absence.
- The landlord has applied for compensation for its costs incurred after the tenancy ended, reimbursement of the filing fee, and payment over of the remaining bond.
Did the tenant remove their rubbish and return the keys?
- At the end of the tenancy the tenant must remove all their rubbish and return all keys and security devices. 1
- The tenant did not remove all their rubbish and did not return the keys.
- The landlord submitted invoices proving its costs to remove the tenant’s rubbish and replace the locks and keys.
- The landlord has proved its losses as set out in the table above.
Is the tenant liable for the cost of repairing damage to the premises?
- The landlord claims for the cost of repairing a miscellany of damage to the premises. During the tenancy, among other damage, the tenant or visitors damaged a corner section of the garage’s metal cladding, dented and holed walls throughout the house, pulled away the toilet door’s frame, and ripped a toilet roll holder from the wall.
- Tenants are liable for the cost of repairing any intentional damage or damage caused by commission of an imprisonable offence such as criminal damage. This applies to anything the tenant does and anything done by a person they are responsible for. 2 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. 3
- In this case, the photographs show that dents and holes on walls and doors throughout the house. It is not likely that the tenant caused such prolific damage carelessly. It is more probable that the tenant and/or their invitees set about a deliberate and sustained behaviour of damage. 1 Residential Tenancies Act 1986 (RTA) s 40(1)(e). 2 RTA ss 40(2)(a), 41, 49B(1). 3 See Guo v Korck [2019] NZHC 1541.
- The damage to the premises occurred during the tenancy and is more than fair wear and tear.
- The landlord provided invoices that proved its cost to repair the damage.
- The landlord had proved its repair costs are as set out in the table above. Filing fee
- The tenant must reimburse the landlord for the filing fee. 4 Bond
- The Tribunal directs the Bond Centre to pay out the remainder of the bond to the landlord.