Published tribunal order
Tenancy Tribunal case 5469581 — Property damage at 35 Oratu Place, Manurewa, Auckland 2102
Decided 20 May 2026 · Published 20 May 2026 · Application 5469581
- Property damage
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the tenants’ names and identifying details.
- [The tenant/s] must pay Kāinga Ora–Homes And Communities $457.06 (“the debt”) calculated below:
- The tenants must pay the debt in order 2 at the rate of $20.00 per week.
- The next payment must be made on Thursday 21 May 2026 and payments must continue every Thursday until the debt is paid in full.
- If the tenants fail to make any payment within 5 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 by video/ teleconference.
- The landlord seeks an order for compensation for the cost of replacing the stove at the premises.
- The tenants contacted the landlord to ask if an element on the stove could be repaired.
- The technician who attended assessed that the degree of rust damage on the stove was such that the stove was not safe to use. He noted, “There are holes on the top of the stove allowing rust into the oven.” Photographs provided by the landlord support that view.
- The landlord had the stove replaced on 9 January 2026 at a cost of $934.24.
- Stoves at the premises had previously been replaced on 8 November 2022 and again on 16 November 2023. The landlord’s view is that the need for the stove to be replaced again so soon, is because of the way it was used, not though normal wear and tear. IRD depreciation tables give stoves in residential rental premises an expected useful life of 8 years.
- The tenant’s position is that they only asked for the landlord to fix an element on the stove and are disappointed to now be asked to pay for a replacement stove they did not ask for or want.
- The evidence satisfies me that it is more likely than not that: a. the stove did need to be replaced; and b. that was not through normal wear and tear but non-intentional damage caused by the tenants.
- The tenants are therefore responsible for the cost of replacing the stove. Allowance for depreciation should be made because the stove was 26 months old when it was replaced.
- The tenants have already been making payments toward the debt. Those payments, up to and including the payment on 14 May 2026 are taken into account in calculating the amount owing.