What was Tenancy Tribunal case 5448131 about?

The tribunal order states: [The tenant/s] must pay Dargaville Realty Limited As Agent For Hayden And [The landlord/s] $2,350.78 immediately, calculated as shown in table below.

How much money was awarded in case 5448131?

Filing Fee: $28.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rent Arrears: $331.43 awarded to landlord; Water Rates: $561.35 awarded to landlord

What type of tenancy dispute was case 5448131?

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

Where can I read the official tribunal order for case 5448131?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13864147-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5448131 about?

The tribunal order states: [The tenant/s] must pay Dargaville Realty Limited As Agent For Hayden And [The landlord/s] $2,350.78 immediately, calculated as shown in table below.

How much money was awarded in case 5448131?

Filing Fee: $28.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rent Arrears: $331.43 awarded to landlord; Water Rates: $561.35 awarded to landlord

What type of tenancy dispute was case 5448131?

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

Where can I read the official tribunal order for case 5448131?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13864147-Tribunal_Order.pdf.

58 Montgomery Avenue, Dargaville, Dargaville 0310 Tenancy Tribunal Case 5448131 — Property damage

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58 Montgomery Avenue, Dargaville, Dargaville 0310 Tenancy Tribunal Case 5448131 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5448131 — net $2,350.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$331.43	Rent arrears
Water rates	$561.35	Water rates
Lounge insurance excess	$750.00	Lounge insurance excess
Hallway insurance excess	$750.00	Hallway insurance excess
Bedroom 2 insurance excess	$750.00	Bedroom 2 insurance excess
Bedroom 3 insurance excess	$750.00	Bedroom 2 insurance excess
Exterior insurance excess	$750.00	Exterior insurance excess
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,350.78
Total payable by Tenant to Landlord	$2,350.78

Claims and awards for application 5448131 — net $2,350.78 NZD. Verify on MoJ.

Rent arrears

Amount: $331.43
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $561.35
Awarded to: Landlord
Reason: Water rates

Lounge insurance excess

Amount: $750.00
Awarded to: Landlord
Reason: Lounge insurance excess

Hallway insurance excess

Amount: $750.00
Awarded to: Landlord
Reason: Hallway insurance excess

Bedroom 2 insurance excess

Amount: $750.00
Awarded to: Landlord
Reason: Bedroom 2 insurance excess

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

[The tenant/s] must pay Dargaville Realty Limited As Agent For Hayden And [The landlord/s] $2,350.78 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,320.00 (BN-00167518) to Dargaville Realty Limited As Agent For Hayden And [The landlord/s] immediately.

Reasons

The landlord attended the remote hearing.
The tenant did not attend the hearing by Teams video link or by telephone. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.
This matter was part heard on 4 May 2026. The Tribunal ordered the tenancy to be terminated on 11 May 2026.
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 and water rates?

The tenancy ended on 11 May 2026. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $331.43 for rent and $561.35 for water rates.

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 tenancy agreement shows the excess on the landlord’s insurance policy as $750.00 on each and every claim. The landlord informed the Tribunal that the insurance company had added a premium of $500.00 on each of the claims where the insurance company considered that the damage had been intentional. Section 13A(2)(b) RTA provides that if the premises are insured, the tenancy agreement must contain a statement informing the tenant of the excess that is relevant to that liability. Section 13A(4) RTA provides that if anything changes so that the information that was included in the tenancy agreement is no longer correct, the landlord must provide the correct information in writing to the tenant within a reasonable time after the landlord becomes aware of the change. The policy did not show that the excess would be increased where damage was considered intentional by the insurer.
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: Lounge - Broken fixtures, carpet damage, holes in the wall, damaged window frame. Quote for repairs $5,190.00. Hallway - Holes to the plasterboard walls. Quote for repairs $2,292.50. Bedroom 2 - Stained carpet, holes in the walls, damaged doors and shelving. Quote for repairs $5,783.00. Bedroom 3 - Stained carpet, holes in the walls, damaged door and torn curtains- Quote for repairs $5,190.00. Exterior – damage to cladding, panels flashing and deck surrounds -Quote for repairs $3,534.00. Photos of the damaged areas were provided by the landlord in support of the claim.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proven to the limit of the excess shown in the tenancy agreement.
As Dargaville Realty Limited As Agent For Hayden And [The landlord/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5448131 — net $2,350.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$331.43	Rent arrears
Water rates	$561.35	Water rates
Lounge insurance excess	$750.00	Lounge insurance excess
Hallway insurance excess	$750.00	Hallway insurance excess
Bedroom 2 insurance excess	$750.00	Bedroom 2 insurance excess
Bedroom 3 insurance excess	$750.00	Bedroom 2 insurance excess
Exterior insurance excess	$750.00	Exterior insurance excess
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,350.78
Total payable by Tenant to Landlord	$2,350.78

Claims and awards for application 5448131 — net $2,350.78 NZD. Verify on MoJ.

Rent arrears

Amount: $331.43
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $561.35
Awarded to: Landlord
Reason: Water rates

Lounge insurance excess

Amount: $750.00
Awarded to: Landlord
Reason: Lounge insurance excess

Hallway insurance excess

Amount: $750.00
Awarded to: Landlord
Reason: Hallway insurance excess

Bedroom 2 insurance excess

Amount: $750.00
Awarded to: Landlord
Reason: Bedroom 2 insurance excess

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

[The tenant/s] must pay Dargaville Realty Limited As Agent For Hayden And [The landlord/s] $2,350.78 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,320.00 (BN-00167518) to Dargaville Realty Limited As Agent For Hayden And [The landlord/s] immediately.

Reasons

The landlord attended the remote hearing.
The tenant did not attend the hearing by Teams video link or by telephone. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.
This matter was part heard on 4 May 2026. The Tribunal ordered the tenancy to be terminated on 11 May 2026.
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 and water rates?

The tenancy ended on 11 May 2026. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $331.43 for rent and $561.35 for water rates.

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 tenancy agreement shows the excess on the landlord’s insurance policy as $750.00 on each and every claim. The landlord informed the Tribunal that the insurance company had added a premium of $500.00 on each of the claims where the insurance company considered that the damage had been intentional. Section 13A(2)(b) RTA provides that if the premises are insured, the tenancy agreement must contain a statement informing the tenant of the excess that is relevant to that liability. Section 13A(4) RTA provides that if anything changes so that the information that was included in the tenancy agreement is no longer correct, the landlord must provide the correct information in writing to the tenant within a reasonable time after the landlord becomes aware of the change. The policy did not show that the excess would be increased where damage was considered intentional by the insurer.
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: Lounge - Broken fixtures, carpet damage, holes in the wall, damaged window frame. Quote for repairs $5,190.00. Hallway - Holes to the plasterboard walls. Quote for repairs $2,292.50. Bedroom 2 - Stained carpet, holes in the walls, damaged doors and shelving. Quote for repairs $5,783.00. Bedroom 3 - Stained carpet, holes in the walls, damaged door and torn curtains- Quote for repairs $5,190.00. Exterior – damage to cladding, panels flashing and deck surrounds -Quote for repairs $3,534.00. Photos of the damaged areas were provided by the landlord in support of the claim.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proven to the limit of the excess shown in the tenancy agreement.
As Dargaville Realty Limited As Agent For Hayden And [The landlord/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Tenancy Tribunal case 5448131 — Property damage at 58 Montgomery Avenue, Dargaville, Dargaville 0310

At a glance

Tenancy Tribunal case 5448131 — Property damage at 58 Montgomery Avenue, Dargaville, Dargaville 0310

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

How much is owed for rent and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions