What was Tenancy Tribunal case 5431259 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] at Unit/Flat Flat 3, 58 Spring Street,

How much money was awarded in case 5431259?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,688.57 awarded to landlord

What type of tenancy dispute was case 5431259?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5431259?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13225564-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5431259 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] at Unit/Flat Flat 3, 58 Spring Street,

How much money was awarded in case 5431259?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,688.57 awarded to landlord

What type of tenancy dispute was case 5431259?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5431259?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13225564-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 3, 58 Spring Street, Onehunga, Auckland 1061 Tenancy Tribunal Case 5431259 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5431259 — net $556.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,688.57	Rent arrears
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$556.57
Total payable by Tenant to Landlord	$556.57

The tenancy of [The tenant/s] tenant/s] at Unit/Flat Flat 3, 58 Spring Street, Onehunga, Auckland 1061 is terminated, and possession is granted to Crystal Realty Limited, at 6pm on Sunday 8 March 2026.

The Bond Centre is to pay the bond of $2,160.00 (3310648-011) to Crystal Realty Limited immediately.

[The tenant/s] tenant/s] must pay Crystal Realty Limited $556.57 immediately, calculated as shown in table below.

The claim for compensation is dismissed.

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord provided rent records which prove the amount owing at the end of the tenancy.

Is the tenant responsible for 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.

The glass in the back door was damaged during the tenancy. The cost of repairing the damage is $796.80. The landlord has insurance that has covered the repair cost and seeks to recover the $500 excess from the tenant.

The tenant is liable for the insurance excess if the damage was caused by his “carelessness”. The landlord must meet the excess if the damage was accidental (and not careless).

Mr Anderson said the damage occurred when he was putting the rubbish out and a gust of wind caught the door on a very windy day. He said the event was entirely unexpected and the door had never blown shut like that during the nearly 4 years he has been living at the property and putting the rubbish out. The rubbish bin was only a step away from the door.

The landlord said the damage could easily have been prevented if Mr Anderson had closed the door and not left it open and he should have known to do this because of the windy conditions that day.

By a fine margin, I find the damage was accidental and not careless and dismiss the claim. What tilts this case in Mr Anderson’s favour is the length of the tenancy i.e the fact he had lived at the property for nearly 4 years and did not expect, and therefore had no reason to anticipate, that a wind gust might catch the door and slam it shut, the way it did.

While accidents can be as a result of a lack of care, unintended and unexpected events are different and therefore can be distinguished as accidental.

The application is largely successful, so the tenant is to pay the filing fee.

Mr Anderson understands that he must lodge his own claim if he wants the Tribunal to consider the issues he raised with respect to the condition of the property and potentially breaches of quiet enjoyment.

Claims and awards in Tenancy Tribunal application 5431259 — net $556.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,688.57	Rent arrears
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$556.57
Total payable by Tenant to Landlord	$556.57

Order

The tenancy of [The tenant/s] tenant/s] at Unit/Flat Flat 3, 58 Spring Street, Onehunga, Auckland 1061 is terminated, and possession is granted to Crystal Realty Limited, at 6pm on Sunday 8 March 2026.
The Bond Centre is to pay the bond of $2,160.00 (3310648-011) to Crystal Realty Limited immediately.
[The tenant/s] tenant/s] must pay Crystal Realty Limited $556.57 immediately, calculated as shown in table below.
The claim for compensation is dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of the tenancy.

Is the tenant responsible for 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.
The glass in the back door was damaged during the tenancy. The cost of repairing the damage is $796.80. The landlord has insurance that has covered the repair cost and seeks to recover the $500 excess from the tenant.
The tenant is liable for the insurance excess if the damage was caused by his “carelessness”. The landlord must meet the excess if the damage was accidental (and not careless).
Mr Anderson said the damage occurred when he was putting the rubbish out and a gust of wind caught the door on a very windy day. He said the event was entirely unexpected and the door had never blown shut like that during the nearly 4 years he has been living at the property and putting the rubbish out. The rubbish bin was only a step away from the door.
The landlord said the damage could easily have been prevented if Mr Anderson had closed the door and not left it open and he should have known to do this because of the windy conditions that day.
By a fine margin, I find the damage was accidental and not careless and dismiss the claim. What tilts this case in Mr Anderson’s favour is the length of the tenancy i.e the fact he had lived at the property for nearly 4 years and did not expect, and therefore had no reason to anticipate, that a wind gust might catch the door and slam it shut, the way it did.
While accidents can be as a result of a lack of care, unintended and unexpected events are different and therefore can be distinguished as accidental.
The application is largely successful, so the tenant is to pay the filing fee.
Mr Anderson understands that he must lodge his own claim if he wants the Tribunal to consider the issues he raised with respect to the condition of the property and potentially breaches of quiet enjoyment.

Tenancy Tribunal case 5431259 — Rent arrears at Unit/Flat Flat 3, 58 Spring Street, Onehunga, Auckland 1061

At a glance

Tenancy Tribunal case 5431259 — Rent arrears at Unit/Flat Flat 3, 58 Spring Street, Onehunga, Auckland 1061

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.