Tenantcheck Insights · Case study
Tenancy Tribunal case 5428993 — Property damage at 25 Panckhurst Drive, Woodend, Woodend 7610
Decided 15 May 2026 · Published 15 May 2026 · Application 5428993
Landlord favoured
- Property damage
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Woodend
Tribunal region
Adjudicator
S Young
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $1,625.14
- Total balance for Tenant to pay Landlord
- $1,625.14
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears | $197.14 | Rent arrears | |
| Carpet insurance excess | $700.00 | Carpet insurance excess | |
| Benchtop insurance excess | $700.00 | Benchtop insurance excess | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $1,625.14 | ||
| Bond | $2,760.00 | ||
| Total payable by Tenant to Landlord | $1,625.14 |
Claims and awards for application 5428993 — net $1,625.14 NZD. Verify on MoJ.
Rent arrears
- Amount
- $197.14
- Awarded to
- Landlord
- Reason
- Rent arrears
Carpet insurance excess
- Amount
- $700.00
- Awarded to
- Landlord
- Reason
- Carpet insurance excess
Benchtop insurance excess
- Amount
- $700.00
- Awarded to
- Landlord
- Reason
- Benchtop insurance excess
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $1,625.14
Bond
Landlord $2,760.00
Total payable by Tenant to Landlord
Landlord $1,625.14
Claim types — money lines allowed on this order
Order
- Jayson Kainui to pay Deon Myles $1,625.14 from the bond, calculated as shown in table below.
- The Bond Centre is to pay the bond of $2,760.00 (BN-00054799) immediately apportioned as follows: Deon Myles: $1,625.14 Jayson Kainui: $1,134.86
Reasons
- Both parties attended the remote hearing.
- The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
- The tenancy was to end on Thursday 9 October 2025. The landlord said that the tenant and some of his belongings remained at the premises until Tuesday 14 October 2025 and seeks a further 5 days rent.
- The tenant said that he moved out on Thursday 9 October 2025. He met with the landlord on Saturday 11 October 2025 and the landlord indicated that further cleaning and gardening needed to be done. The tenant said that he left his car, TV and gardening tools in the garage. He said that the landlord had put a bed in the house and assumed that the landlord had been living at the house in the interim and shouldn’t be liable for the rent.
- The landlord said that the house had remained vacant as of the day of the hearing.
- Having reviewed the evidence, I consider that the tenant had some ongoing benefit from the use of the property for storage. Similarly, there has been no loss to the landlord as the premises remain empty . Balancing those competing interests, I consider that the tenant should pay a further two days rent. The tenant is to pay the landlord $197.14.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
- 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. The landlord is insured. The landlord’s policy of insurance carries an excess of $700.00 on each and every claim.
- 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:
- The carpet in the lounge has been damaged. The landlord provided photos and a quote for the carpet replacement. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord is insured for this damage. The tenant is to pay the excess of $700.00.
- The kitchen benchtop has been damaged. The tenant accepted responsibility for the cuts on the benchtop. The landlord provided a photo and a quote for the repairs. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord is insured for this damage. The tenant is to pay the excess of $700.00.
- The landlord says that the en-suite vanity is damaged. No evidence of the repair costs was provided by the landlord. The Tribunal is not entitled to guess as to the likely repair costs. The claim is dismissed for lack of supporting evidence.
- The amounts ordered are proven.
- As Deon Myles has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.
- The tenant applied for name suppression. The tenant has not been wholly or substantially successful in this hearing. The application for name suppression is dismissed.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(2), s49B, s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: rent arrears
- Dispute theme: property damage
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5428993?
The tribunal order states: Jayson Kainui to pay Deon Myles $1,625.14 from the bond, calculated as shown
How much money was awarded in case 5428993?
Filing Fee: $28.00 awarded to landlord; Property Damage: $700.00 awarded to landlord; Property Damage: $700.00 awarded to landlord; Rent Arrears: $197.14 awarded to landlord
What type of tenancy dispute was case 5428993?
The primary dispute was Property damage. Related themes: Rent arrears.
Where can I read the official tribunal order for case 5428993?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13603693-Tenancy_Tribunal_Order.pdf.