What was Tenancy Tribunal case 5455348 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5455348?

Filing Fee: $28.00 awarded to landlord; Property Damage: $299.00 awarded to landlord; Holes And Basin: $788.01 awarded to landlord; Replace Basin: $149.00 awarded to landlord; Replace Furnishings: Stools: $105.00 awarded to landlord

What type of tenancy dispute was case 5455348?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5455348?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13655539-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5455348 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5455348?

Filing Fee: $28.00 awarded to landlord; Property Damage: $299.00 awarded to landlord; Holes And Basin: $788.01 awarded to landlord; Replace Basin: $149.00 awarded to landlord; Replace Furnishings: Stools: $105.00 awarded to landlord

What type of tenancy dispute was case 5455348?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5455348?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13655539-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5455348 — Property damage

Claims and awards in Tenancy Tribunal application 5455348 — net $1,369.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$299.00	Lock/key replacement
Repairs: replace basin	$149.00	Repairs: replace basin
Replace furnishings: stools	$105.00	Replace furnishings: stools
Repairs: holes and basin	$788.01	Repairs: holes and basin
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,369.01
Total payable by Tenant to Landlord	$1,369.01

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Diamond Speers must pay Tremain Rentals Limited As Agent For Eleanor Denniston $1,369.01 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing on 25 May, which was conducted by video.
The hearing was originally set down for hearing in person. On 15 April 2026 I directed that the hearing would proceed via video link, but noted that if the tenant wanted to appear in person, they had to advise by 20 April 2026, by emailing remote.tenancy@justice.govt.nz quoting number 5455348. It was recorded that if the tenant did not contact the Tribunal by that date, the hearing would proceed as a video hearing and the parties will be sent a new invitation with the link to appear via video. The tenant had provided an email address for service on the tenancy agreement.
On 25 May, the parties were sent a link to appear via video. Ms Payne appeared for the landlord.
The landlord has applied for rent arrears, compensation, exemplary damages and reimbursement of the filing fee following the end of the tenancy.
The landlord had not provided a entry inspection report with the application. Ms Payne was given an opportunity to forward the entry inspection video by 4pm yesterday. That was received.

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

At the end of the tenancy the tenant must return all keys and leave all chattels provided for their benefit. See section 40(1)(e) Residential Tenancies Act 1986.
The landlord claims $105 for three missing bar stools which were present at the start of the tenancy. That amount is ordered.
The tenant did not return the keys. The landlord provided an invoice for $299.90 for lock replacement. That amount is ordered.

Is the tenant responsible for the damage to the premises?

The landlord submitted an invoice of $960.51 for repairs to the premises. It covers: a. repair and painting of hole in master bedroom $150 plus GST b. repair and painting of hole in lounge, $150 plus GST c. repair and painting of hole in laundry, $150 plus GST d. repair of small holes and dents throughout the property, $100 plus GST e. repair of kitchen drawer, $85.23 plus GST f. installation of replacement basin in bathroom, $200 plus GST.
The landlord also submitted an invoice for $149 for a replacement basin.
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 photos show a broken vanity, where it appears that a large part of the side of the vanity has broken off across the corner. It has been repaired in a rudimentary fashion. The cost of the replacement vanity ($149) plus the labour ($230 including GST) is ordered.
The photos also show: a. a large hole in a wall. b. a poorly plastered hole in a wall c. damage to the laundry wall. d. a broken kitchen drawer.
Ms Payne was unsure which room the holes were in. She acknowledged that in the entry video it is clear that there were some dents and scrapes.
Because there was some minor damage to the walls at the start of the tenancy, I have deducted $150 from invoice before GST is added. Therefore I have ordered $685.23 plus GST, which comes to $788.01.
I have taken into account betterment and depreciation. 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 landlord had also applied for exemplary damages for these matters. Section 40 sets out the tenant’s obligations. Exemplary damages may be ordered for some breaches under that section. It does not provide for exemplary damages for careless or intentional damage.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
There is no application for a refund of the bond.

Claims and awards in Tenancy Tribunal application 5455348 — net $1,369.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$299.00	Lock/key replacement
Repairs: replace basin	$149.00	Repairs: replace basin
Replace furnishings: stools	$105.00	Replace furnishings: stools
Repairs: holes and basin	$788.01	Repairs: holes and basin
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,369.01
Total payable by Tenant to Landlord	$1,369.01

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Diamond Speers must pay Tremain Rentals Limited As Agent For Eleanor Denniston $1,369.01 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing on 25 May, which was conducted by video.
The hearing was originally set down for hearing in person. On 15 April 2026 I directed that the hearing would proceed via video link, but noted that if the tenant wanted to appear in person, they had to advise by 20 April 2026, by emailing remote.tenancy@justice.govt.nz quoting number 5455348. It was recorded that if the tenant did not contact the Tribunal by that date, the hearing would proceed as a video hearing and the parties will be sent a new invitation with the link to appear via video. The tenant had provided an email address for service on the tenancy agreement.
On 25 May, the parties were sent a link to appear via video. Ms Payne appeared for the landlord.
The landlord has applied for rent arrears, compensation, exemplary damages and reimbursement of the filing fee following the end of the tenancy.
The landlord had not provided a entry inspection report with the application. Ms Payne was given an opportunity to forward the entry inspection video by 4pm yesterday. That was received.

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

At the end of the tenancy the tenant must return all keys and leave all chattels provided for their benefit. See section 40(1)(e) Residential Tenancies Act 1986.
The landlord claims $105 for three missing bar stools which were present at the start of the tenancy. That amount is ordered.
The tenant did not return the keys. The landlord provided an invoice for $299.90 for lock replacement. That amount is ordered.

Is the tenant responsible for the damage to the premises?

The landlord submitted an invoice of $960.51 for repairs to the premises. It covers: a. repair and painting of hole in master bedroom $150 plus GST b. repair and painting of hole in lounge, $150 plus GST c. repair and painting of hole in laundry, $150 plus GST d. repair of small holes and dents throughout the property, $100 plus GST e. repair of kitchen drawer, $85.23 plus GST f. installation of replacement basin in bathroom, $200 plus GST.
The landlord also submitted an invoice for $149 for a replacement basin.
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 photos show a broken vanity, where it appears that a large part of the side of the vanity has broken off across the corner. It has been repaired in a rudimentary fashion. The cost of the replacement vanity ($149) plus the labour ($230 including GST) is ordered.
The photos also show: a. a large hole in a wall. b. a poorly plastered hole in a wall c. damage to the laundry wall. d. a broken kitchen drawer.
Ms Payne was unsure which room the holes were in. She acknowledged that in the entry video it is clear that there were some dents and scrapes.
Because there was some minor damage to the walls at the start of the tenancy, I have deducted $150 from invoice before GST is added. Therefore I have ordered $685.23 plus GST, which comes to $788.01.
I have taken into account betterment and depreciation. 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 landlord had also applied for exemplary damages for these matters. Section 40 sets out the tenant’s obligations. Exemplary damages may be ordered for some breaches under that section. It does not provide for exemplary damages for careless or intentional damage.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
There is no application for a refund of the bond.

Tenancy Tribunal case 5455348 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5455348 — Property damage

At a glance

Award balance

Claims & awards

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

Claims & awards

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