What was the outcome of Tenancy Tribunal case 5427791?

The tribunal order states: Ueni Tuilaepa and Lupe Tuilaepa must pay Kāinga Ora–Homes And

How much money was awarded in case 5427791?

Property Damage: $3,680.00 awarded to landlord

What type of tenancy dispute was case 5427791?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5427791?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13450245-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5427791?

The tribunal order states: Ueni Tuilaepa and Lupe Tuilaepa must pay Kāinga Ora–Homes And

How much money was awarded in case 5427791?

Property Damage: $3,680.00 awarded to landlord

What type of tenancy dispute was case 5427791?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5427791?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13450245-Tenancy_Tribunal_Order.pdf.

48 Lysander Crescent, Beach Haven, Auckland 0626 Tenancy Tribunal Case 5427791 — Property damage

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48 Lysander Crescent, Beach Haven, Auckland 0626 Tenancy Tribunal Case 5427791 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5427791 — net $3,680.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Compensation for damage	$3,680.00	Compensation for damage
Net award	$3,680.00
Total payable by Tenant to Landlord	$3,680.00

Claims and awards for application 5427791 — net $3,680.00 NZD. Verify on MoJ.

Compensation for damage

Amount: $3,680.00
Awarded to: Landlord
Reason: Compensation for damage

Net award

Landlord $3,680.00

Total payable by Tenant to Landlord

Landlord $3,680.00

Claim types — money lines allowed on this order

Property damage

Order

Ueni Tuilaepa and Lupe Tuilaepa must pay Kāinga Ora–Homes And Communities $3,680.00 immediately, as set out in the table below.

Reasons

Both parties attended the hearing held on 15 April 2026 remotely.
The landlord has applied for compensation for damage caused by a house fire at the premises in December 2025.
On the day of the fire the tenant had a gas cooker outside being used to cook food. The tenant said that it was a windy day. She left the cooker, which had an open flame, to go inside to check other food that was cooking. She said that she was inside for five minutes before the smoke alarm inside the premises went off.
The tenant opened the door to the laundry and saw that there were flames outside. The landlord said that the gas cooker was close to the fence. There were photographs produced by the landlord which show that the fence has burnt as well as the side of the house closest to the fence.
Fortunately, no people were injured in the fire. The Fire Service attended, and the fire was extinguished but it caused extensive damage to the premises to the extent that it was uninhabitable.
The incident report from FENZ records that the origin of the fire was a gas cooker ignited by butane gas. The report records that the supposed cause was “undetermined, likely accidental”.
Considering the evidence produced and after hearing from both the landlord and the tenant, I find that the tenant carelessly caused the fire which resulted in extensive damage to the premises.
Section 49B(2) of the Residential Tenancies Act 1986 provides, To the extent provided in subsection (3), the tenant is liable to the landlord for destruction of, or damage to, the premises that is caused by a careless act or omission of the tenant or of a person for whose actions the tenant is responsible under section 41 or 66L, other than an act or omission described in subsection (1). Subsection (3) provides, The tenant’s liability under subsection (2) is limited,— (a) if the property is insured against the destruction or damage, to the lesser of the applicable excess under the insurance and whichever of the following is applicable: (i)if the tenant pays an income-related rent within the meaning of section 2(1) of the Public and Community Housing Management Act 1992, the market rent within the meaning of section 2(1) of that Act for the premises for a period of 4 weeks: (ii)in any other case, the rent under the tenancy agreement for a period of 4 weeks; or
The landlord seeks total compensation of $3,680.00 which is the sum of four weeks market rent of $920.00 as provided for by section 49B(3)(i) of the Residential Tenancies Act 1986. That amount is awarded.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5427791 — net $3,680.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Compensation for damage	$3,680.00	Compensation for damage
Net award	$3,680.00
Total payable by Tenant to Landlord	$3,680.00

Claims and awards for application 5427791 — net $3,680.00 NZD. Verify on MoJ.

Compensation for damage

Amount: $3,680.00
Awarded to: Landlord
Reason: Compensation for damage

Net award

Landlord $3,680.00

Total payable by Tenant to Landlord

Landlord $3,680.00

Claim types — money lines allowed on this order

Property damage

Order

Ueni Tuilaepa and Lupe Tuilaepa must pay Kāinga Ora–Homes And Communities $3,680.00 immediately, as set out in the table below.

Reasons

Both parties attended the hearing held on 15 April 2026 remotely.
The landlord has applied for compensation for damage caused by a house fire at the premises in December 2025.
On the day of the fire the tenant had a gas cooker outside being used to cook food. The tenant said that it was a windy day. She left the cooker, which had an open flame, to go inside to check other food that was cooking. She said that she was inside for five minutes before the smoke alarm inside the premises went off.
The tenant opened the door to the laundry and saw that there were flames outside. The landlord said that the gas cooker was close to the fence. There were photographs produced by the landlord which show that the fence has burnt as well as the side of the house closest to the fence.
Fortunately, no people were injured in the fire. The Fire Service attended, and the fire was extinguished but it caused extensive damage to the premises to the extent that it was uninhabitable.
The incident report from FENZ records that the origin of the fire was a gas cooker ignited by butane gas. The report records that the supposed cause was “undetermined, likely accidental”.
Considering the evidence produced and after hearing from both the landlord and the tenant, I find that the tenant carelessly caused the fire which resulted in extensive damage to the premises.
Section 49B(2) of the Residential Tenancies Act 1986 provides, To the extent provided in subsection (3), the tenant is liable to the landlord for destruction of, or damage to, the premises that is caused by a careless act or omission of the tenant or of a person for whose actions the tenant is responsible under section 41 or 66L, other than an act or omission described in subsection (1). Subsection (3) provides, The tenant’s liability under subsection (2) is limited,— (a) if the property is insured against the destruction or damage, to the lesser of the applicable excess under the insurance and whichever of the following is applicable: (i)if the tenant pays an income-related rent within the meaning of section 2(1) of the Public and Community Housing Management Act 1992, the market rent within the meaning of section 2(1) of that Act for the premises for a period of 4 weeks: (ii)in any other case, the rent under the tenancy agreement for a period of 4 weeks; or
The landlord seeks total compensation of $3,680.00 which is the sum of four weeks market rent of $920.00 as provided for by section 49B(3)(i) of the Residential Tenancies Act 1986. That amount is awarded.

Tenancy Tribunal case 5427791 — Property damage at 48 Lysander Crescent, Beach Haven, Auckland 0626

At a glance

Tenancy Tribunal case 5427791 — Property damage at 48 Lysander Crescent, Beach Haven, Auckland 0626

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions