What was Tenancy Tribunal case 5467049 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Visions Of A Helping Hand Charitable Trust

How much money was awarded in case 5467049?

Filing Fee: $28.00 awarded to landlord; Previous Order Application 5384423 D…: $4,402.19 awarded to landlord; Property Damage: $2,200.00 awarded to landlord

What type of tenancy dispute was case 5467049?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5467049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14056164-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5467049 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Visions Of A Helping Hand Charitable Trust

How much money was awarded in case 5467049?

Filing Fee: $28.00 awarded to landlord; Previous Order Application 5384423 D…: $4,402.19 awarded to landlord; Property Damage: $2,200.00 awarded to landlord

What type of tenancy dispute was case 5467049?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5467049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14056164-Tenancy_Tribunal_Order.pdf.

8 Colinton Place, Tokoroa, Tokoroa 3420 Tenancy Tribunal Case 5467049 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5467049 — net $4,670.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5384423 dated 13/02/2026	$4,402.19	Previous order application 5384423 dated 13/02/2026
Repairs	$2,200.00	Repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,670.19
Total payable by Tenant to Landlord	$4,670.19

The landlord attended the hearing. There was no appearance for the tenant.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The landlord submitted an invoice for $2,853.49 for patching and painting of three bedrooms and re-installation of the washing line.

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 tenancy started on 11 January 2021. Although the inspection reports filed did not show the state of the tenancy at the start of the tenancy, during the hearing the landlord was able to provide an inspection report from January 2024. Comparing this with the exit inspection report, I am satisfied that the following damage was caused during the tenancy: a. Holes/patches in three bedrooms and in the living room; b. The rotary washing line was left on its side. The landlord claimed for reinstalling the washing line in concrete.

I am satisfied that the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

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. Given the tenancy lasted over four years, and I have applied a small amount of depreciation to the invoice. The landlord should expect to repaint interior walls from time to time.

The amounts ordered are proved.

Because Visions Of A Helping Hand Charitable Trust has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5467049 — net $4,670.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5384423 dated 13/02/2026	$4,402.19	Previous order application 5384423 dated 13/02/2026
Repairs	$2,200.00	Repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,670.19
Total payable by Tenant to Landlord	$4,670.19

Order

[The tenant/s] tenant/s] must pay Visions Of A Helping Hand Charitable Trust $4,670.19 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,960.00 (BN-31847065) to Visions Of A Helping Hand Charitable Trust immediately.

Reasons

The landlord attended the hearing. There was no appearance for the tenant.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord submitted an invoice for $2,853.49 for patching and painting of three bedrooms and re-installation of the washing line.

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 tenancy started on 11 January 2021. Although the inspection reports filed did not show the state of the tenancy at the start of the tenancy, during the hearing the landlord was able to provide an inspection report from January 2024. Comparing this with the exit inspection report, I am satisfied that the following damage was caused during the tenancy: a. Holes/patches in three bedrooms and in the living room; b. The rotary washing line was left on its side. The landlord claimed for reinstalling the washing line in concrete.
I am satisfied that the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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. Given the tenancy lasted over four years, and I have applied a small amount of depreciation to the invoice. The landlord should expect to repaint interior walls from time to time.
The amounts ordered are proved.
Because Visions Of A Helping Hand Charitable Trust has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5467049 — Property damage at 8 Colinton Place, Tokoroa, Tokoroa 3420

At a glance

Tenancy Tribunal case 5467049 — Property damage at 8 Colinton Place, Tokoroa, Tokoroa 3420

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

Reduce avoidable tribunal risk with proper tenant checks.

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

Reduce avoidable tribunal risk with proper tenant checks.