What was Tenancy Tribunal case 5436008 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $2,684.32

How much money was awarded in case 5436008?

Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $347.83 awarded to landlord; Property Damage: $174.00 awarded to landlord; Bath: $130.43 awarded to landlord; Bathroom Wall: $173.91 awarded to landlord; Bedroom 2 Carpet: $215.00 awarded to landlord; Bedroom 2 Hole In Floor: $130.43 awarded to landlord; Bedroom 2 Insulation: $43.48 awarded to landlord; holes bedroom 2/living room in walls…: $173.91 awarded to landlord; Lounge Divider Door: $100.00 awarded to landlord; Paint Bathroom Wall: $130.00 awarded to landlord; Sleepout Carpet Replaced: $350.00 awarded to landlord; Replace 3 Doors And Paint: $200.37 awarded to landlord; Rubbish Removal: $486.96 awarded to landlord

What type of tenancy dispute was case 5436008?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5436008?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13477081-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5436008 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $2,684.32

How much money was awarded in case 5436008?

Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $347.83 awarded to landlord; Property Damage: $174.00 awarded to landlord; Bath: $130.43 awarded to landlord; Bathroom Wall: $173.91 awarded to landlord; Bedroom 2 Carpet: $215.00 awarded to landlord; Bedroom 2 Hole In Floor: $130.43 awarded to landlord; Bedroom 2 Insulation: $43.48 awarded to landlord; holes bedroom 2/living room in walls…: $173.91 awarded to landlord; Lounge Divider Door: $100.00 awarded to landlord; Paint Bathroom Wall: $130.00 awarded to landlord; Sleepout Carpet Replaced: $350.00 awarded to landlord; Replace 3 Doors And Paint: $200.37 awarded to landlord; Rubbish Removal: $486.96 awarded to landlord

What type of tenancy dispute was case 5436008?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5436008?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13477081-Tenancy_Tribunal_Order.pdf.

116 Killarney Road, Frankton, Hamilton 3204 Tenancy Tribunal Case 5436008 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5436008 — net $2,684.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace 3 doors and paint	$200.37	Replace 3 doors and paint
Repairs: Lounge divider door	$100.00	Repairs: Lounge divider door
Repairs: holes bedroom 2/living room in walls,m	$173.91	Repairs: holes bedroom 2/living room in walls,m
paint wall repairs	$174.00	paint wall repairs
Repairs: Bedroom 2 hole in floor	$130.43	Repairs: Bedroom 2 hole in floor
Repairs: Bedroom 2 insulation	$43.48	Repairs: Bedroom 2 insulation
Repairs: bedroom 2 carpet	$215.00	Repairs: bedroom 2 carpet
Rubbish removal	$486.96	Rubbish removal
Repairs: Bath	$130.43	Repairs: Bath
Repairs: Bathroom wall	$173.91	Repairs: Bathroom wall
Repairs: Paint bathroom wall	$130.00	Repairs: Paint bathroom wall
Lawns and Garden work	$347.83	Lawns and Garden work
Repairs: Sleepout carpet replaced	$350.00	Repairs: Sleepout carpet replaced
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,684.32
Total payable by Tenant to Landlord	$2,684.32

The landlord attended the hearing. The tenant did not appear.

The application was filed more than two months after the tenancy had ended.

The tenancy began on 10 December 2019 and ended on 24 April 2025.

The tenancy agreement did not include an email address as an address for service. The landlord provided an email address used by the tenant to communicate with them during the tenancy which corresponds to the address used by the Tribunal to notify the tenant of the hearing. I find that the tenant has been notified of the hearing. See section 91A(2)(f) RTA.

The premises had 4 bedrooms and a sleepout. A pre tenancy property inspection check list recording the condition of the premises was attached to the tenancy agreement and completed and signed by the tenant on 10 December 2019

The pre inspection list did not include the sleepout. No further evidence was received establishing the pre tenancy condition of the sleepout.

The landlord estimated that the premises were 50 years old and renovations and repainting was completed in 2007.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The bond was refunded by a previous order of the Tribunal for rent arrears.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. There was a significant amount of rubbish left at the premises filling a shed and lying around the section. Photographs were provided and the amount claimed is awarded.

The premises had a sleepout with a bathroom. The landlord could not establish the pre tenancy condition of the sleepout. The claim for cleaning this is dismissed.

The amounts ordered are proved.

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 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.

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: a) Four interior doors had holes in them. The landlord provided photographs of 3 doors with holes in them and pre inspection report recorded them as in good condition. No pre tenancy photographs were provided. b) Lounge divider door damaged. This door had wooden slats which had been damaged. c) Holes in lounge and bedroom 2 walls There were holes from a bracket that the landlord said had been ripped from the wall and a large hole in the bedroom wall. The pre tenancy report listed condition as good. d) Floor in bedroom 2 had a hole in it. The hole was large and located in the corner of the room. The landlord claimed that the tenants’ dogs spent time under the house chewed through the underfloor insulation and floorboards. e) The bath had a hole in it and the bathroom wall was damaged f)The Sleepout carpet was removed. A picture of the sleepout with a concrete floor and a discarded roll of carpet left on the lawn were provided.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have taken into account betterment and depreciation for the replacement of a) The three bedroom doors and repainting of the walls b) The lounge divider door c) The repainting of the bathroom d) Bedroom 2 carpet e) Sleepout carpet

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.

Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5436008 — net $2,684.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace 3 doors and paint	$200.37	Replace 3 doors and paint
Repairs: Lounge divider door	$100.00	Repairs: Lounge divider door
Repairs: holes bedroom 2/living room in walls,m	$173.91	Repairs: holes bedroom 2/living room in walls,m
paint wall repairs	$174.00	paint wall repairs
Repairs: Bedroom 2 hole in floor	$130.43	Repairs: Bedroom 2 hole in floor
Repairs: Bedroom 2 insulation	$43.48	Repairs: Bedroom 2 insulation
Repairs: bedroom 2 carpet	$215.00	Repairs: bedroom 2 carpet
Rubbish removal	$486.96	Rubbish removal
Repairs: Bath	$130.43	Repairs: Bath
Repairs: Bathroom wall	$173.91	Repairs: Bathroom wall
Repairs: Paint bathroom wall	$130.00	Repairs: Paint bathroom wall
Lawns and Garden work	$347.83	Lawns and Garden work
Repairs: Sleepout carpet replaced	$350.00	Repairs: Sleepout carpet replaced
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,684.32
Total payable by Tenant to Landlord	$2,684.32

Order

[The tenant/s] must pay [The landlord/s] $2,684.32 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not appear.
The application was filed more than two months after the tenancy had ended.
The tenancy began on 10 December 2019 and ended on 24 April 2025.
The tenancy agreement did not include an email address as an address for service. The landlord provided an email address used by the tenant to communicate with them during the tenancy which corresponds to the address used by the Tribunal to notify the tenant of the hearing. I find that the tenant has been notified of the hearing. See section 91A(2)(f) RTA.
The premises had 4 bedrooms and a sleepout. A pre tenancy property inspection check list recording the condition of the premises was attached to the tenancy agreement and completed and signed by the tenant on 10 December 2019
The pre inspection list did not include the sleepout. No further evidence was received establishing the pre tenancy condition of the sleepout.
The landlord estimated that the premises were 50 years old and renovations and repainting was completed in 2007.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The bond was refunded by a previous order of the Tribunal for rent arrears.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. There was a significant amount of rubbish left at the premises filling a shed and lying around the section. Photographs were provided and the amount claimed is awarded.
The premises had a sleepout with a bathroom. The landlord could not establish the pre tenancy condition of the sleepout. The claim for cleaning this is dismissed.
The amounts ordered are proved.

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 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.
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: a) Four interior doors had holes in them. The landlord provided photographs of 3 doors with holes in them and pre inspection report recorded them as in good condition. No pre tenancy photographs were provided. b) Lounge divider door damaged. This door had wooden slats which had been damaged. c) Holes in lounge and bedroom 2 walls There were holes from a bracket that the landlord said had been ripped from the wall and a large hole in the bedroom wall. The pre tenancy report listed condition as good. d) Floor in bedroom 2 had a hole in it. The hole was large and located in the corner of the room. The landlord claimed that the tenants’ dogs spent time under the house chewed through the underfloor insulation and floorboards. e) The bath had a hole in it and the bathroom wall was damaged f)The Sleepout carpet was removed. A picture of the sleepout with a concrete floor and a discarded roll of carpet left on the lawn were provided.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation for the replacement of a) The three bedroom doors and repainting of the walls b) The lounge divider door c) The repainting of the bathroom d) Bedroom 2 carpet e) Sleepout carpet
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.
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5436008 — Property damage at 116 Killarney Road, Frankton, Hamilton 3204

At a glance

Tenancy Tribunal case 5436008 — Property damage at 116 Killarney Road, Frankton, Hamilton 3204

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

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

Dismissed claims

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions