What was Tenancy Tribunal case 5437946 about?

The tribunal order states: [The tenant/s] must pay Wolfbrook Property Management Limited As

How much money was awarded in case 5437946?

Call Out Fee: $615.25 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $1,310.05 awarded to landlord

What type of tenancy dispute was case 5437946?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5437946?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13167308-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5437946 about?

The tribunal order states: [The tenant/s] must pay Wolfbrook Property Management Limited As

How much money was awarded in case 5437946?

Call Out Fee: $615.25 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $1,310.05 awarded to landlord

What type of tenancy dispute was case 5437946?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5437946?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13167308-Tenancy_Tribunal_Order.pdf.

Unit/Flat 803B, 8 Lakewood Court, Manukau, Auckland Tenancy Tribunal Case 5437946 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5437946 — net $1,953.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Call out fee	$615.25	Call out fee
Repairs to elevator panel	$1,310.05	Repairs to elevator panel
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,953.30
Total payable by Tenant to Landlord	$1,953.30

[The tenant/s] must pay Wolfbrook Property Management Limited As Agent For Airsha Limited $1,953.30, calculated as shown in table below.

The tenant must pay the debt in order as set out below at the rate of $200.00 per fortnight.

The first payment must be made on Wednesday 4 March 2026 and payments must continue on Wednesday every fortnight until the debt is paid in full.

If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

Both parties attended the hearing via remote teleconference.

The landlord has applied for compensation and reimbursement of the filing fee.

The landlord claims that the tenant’s partner attended the apartment building on 8 November 2025 and caused damage to the B2 lift panel while waiting for the lift. The landlord provided CCTV evidence in support of the claim.

The tenant confirmed during the hearing that she accepts responsibility for the actions of her partner at the time of the incident.

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.

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: damage to apartment elevator control panel by the tenant’s partner. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord provided paid invoices from Schindler Lifts Limited in support of the amounts claimed. The tenant does not dispute the amounts claimed.

The amounts ordered are proved.

The landlord confirmed during the hearing that the amount $86.25 for a Matrix security call out fee has been paid by the tenant.

Because Wolfbrook Property Management Limited As Agent For Airsha Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5437946 — net $1,953.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Call out fee	$615.25	Call out fee
Repairs to elevator panel	$1,310.05	Repairs to elevator panel
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,953.30
Total payable by Tenant to Landlord	$1,953.30

Order

[The tenant/s] must pay Wolfbrook Property Management Limited As Agent For Airsha Limited $1,953.30, calculated as shown in table below.
The tenant must pay the debt in order as set out below at the rate of $200.00 per fortnight.
The first payment must be made on Wednesday 4 March 2026 and payments must continue on Wednesday every fortnight until the debt is paid in full.
If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

Both parties attended the hearing via remote teleconference.
The landlord has applied for compensation and reimbursement of the filing fee.
The landlord claims that the tenant’s partner attended the apartment building on 8 November 2025 and caused damage to the B2 lift panel while waiting for the lift. The landlord provided CCTV evidence in support of the claim.
The tenant confirmed during the hearing that she accepts responsibility for the actions of her partner at the time of the incident.

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.
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: damage to apartment elevator control panel by the tenant’s partner. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided paid invoices from Schindler Lifts Limited in support of the amounts claimed. The tenant does not dispute the amounts claimed.
The amounts ordered are proved.
The landlord confirmed during the hearing that the amount $86.25 for a Matrix security call out fee has been paid by the tenant.
Because Wolfbrook Property Management Limited As Agent For Airsha Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5437946 — Property damage at Unit/Flat 803B, 8 Lakewood Court, Manukau, Auckland

At a glance

Tenancy Tribunal case 5437946 — Property damage at Unit/Flat 803B, 8 Lakewood Court, Manukau, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions