What was Tenancy Tribunal case 5431491 about?

The tribunal order states: Tomasi Rakulu must pay Lucian Ciulinaru and Claudia Ciullinaru $2,773.00

How much money was awarded in case 5431491?

Property Damage: $385.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $960.00 awarded to landlord; Four Doors: $1,800.00 awarded to landlord; To Walls: $500.00 awarded to landlord

What type of tenancy dispute was case 5431491?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5431491?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13821975-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5431491 about?

The tribunal order states: Tomasi Rakulu must pay Lucian Ciulinaru and Claudia Ciullinaru $2,773.00

How much money was awarded in case 5431491?

Property Damage: $385.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $960.00 awarded to landlord; Four Doors: $1,800.00 awarded to landlord; To Walls: $500.00 awarded to landlord

What type of tenancy dispute was case 5431491?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5431491?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13821975-Tenancy_Tribunal_Order.pdf.

45D Elizabeth Street, Victoria, Rotorua 3010 Tenancy Tribunal Case 5431491 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5431491 — net $2,773.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7/3/2026	$960.00	Rent arrears to 7/3/2026
Repairs: replacement of four doors	$1,800.00	Repairs: replacement of four doors
Repairs: to walls	$500.00	Repairs: to walls
Electrical fittings replacement: replace stove	$385.00	Electrical fittings replacement: replace stove
Electrical fittings: repairs garage door	$500.00	Electrical fittings: repairs garage door
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,773.00
Total payable by Tenant to Landlord	$2,773.00

Only the applicant landlord attended the 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 ended on 7/3/2026. The landlord provided rent records and evidence which prove the amount owing at the end of the tenancy.

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 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: four internal doors and the garage door were damaged; several walls were damaged (some the tenant attempted to repair) and the stove and a gas heater were damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved although considerably reduced from the amounts claimed as the builder’s invoice for repairs was very broad. Despite that the photographs from the commencement of the tenancy establish that the walls and doors were in good condition and the damage therefore occurred during the tenancy and the replacement cost is considered reasonable per door including hardware. I have not allowed the cost for wallpaper repairs, as the wallpaper was original and the tenant not responsible for the replacement cost.

I have taken into account betterment and depreciation when assessing the award for replacement of the oven/stove, garage door and gas heater. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

The application has been partly successful, so the tenant is to pay the filing fee.

Claims and awards in Tenancy Tribunal application 5431491 — net $2,773.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7/3/2026	$960.00	Rent arrears to 7/3/2026
Repairs: replacement of four doors	$1,800.00	Repairs: replacement of four doors
Repairs: to walls	$500.00	Repairs: to walls
Electrical fittings replacement: replace stove	$385.00	Electrical fittings replacement: replace stove
Electrical fittings: repairs garage door	$500.00	Electrical fittings: repairs garage door
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,773.00
Total payable by Tenant to Landlord	$2,773.00

Order

Tomasi Rakulu must pay Lucian Ciulinaru and Claudia Ciullinaru $2,773.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,400.00 () to Lucian Ciulinaru and Claudia Ciullinaru immediately.

Reasons

Only the applicant landlord attended the 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 ended on 7/3/2026. The landlord provided rent records and evidence which prove the amount owing at the end of the tenancy.

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 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: four internal doors and the garage door were damaged; several walls were damaged (some the tenant attempted to repair) and the stove and a gas heater were damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved although considerably reduced from the amounts claimed as the builder’s invoice for repairs was very broad. Despite that the photographs from the commencement of the tenancy establish that the walls and doors were in good condition and the damage therefore occurred during the tenancy and the replacement cost is considered reasonable per door including hardware. I have not allowed the cost for wallpaper repairs, as the wallpaper was original and the tenant not responsible for the replacement cost.
I have taken into account betterment and depreciation when assessing the award for replacement of the oven/stove, garage door and gas heater. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The application has been partly successful, so the tenant is to pay the filing fee.

Tenancy Tribunal case 5431491 — Property damage at 45D Elizabeth Street, Victoria, Rotorua 3010

At a glance

Tenancy Tribunal case 5431491 — Property damage at 45D Elizabeth Street, Victoria, Rotorua 3010

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions