How much money was awarded in case 5501189?

Property Damage: $371.48 awarded to landlord; Rent: $2,748.86 awarded to landlord

What type of tenancy dispute was case 5501189?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5501189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13750394-Tribunal_Order.pdf.

How much money was awarded in case 5501189?

Property Damage: $371.48 awarded to landlord; Rent: $2,748.86 awarded to landlord

What type of tenancy dispute was case 5501189?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5501189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13750394-Tribunal_Order.pdf.

Unit/Flat Flat 23, 2 Western Springs Road, Morningside, Tenancy Tribunal Case 5501189 — Property damage

Q: What was Tenancy Tribunal case 5501189 about?

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

Order

Claims and awards in Tenancy Tribunal application 5501189. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent to 5 May 2026	$2,748.86		Rent to 5 May 2026
Damage to carport – repaired	$371.48		Damage to carport – repaired

An application for suppression has been made in this case, and the Tribunal orders suppression of the [Tenant/Landlord] name and identifying details.

The tenancy of [The tenant/s] at Unit/Flat Flat 23, 2 Western Springs Road, Morningside, Auckland 1021 is terminated and possession is granted to Client First Limited T/A Charlton Property Management Ltd immediately.

The Bond Centre is to pay the bond of $2,600.00 (BN-00130146) to Client First Limited T/A Charlton Property Management Ltd immediately.

[The tenant/s] is to pay Client First Limited T/A Charlton Property Management Ltd $520.34 immediately, calculated as follows: Description Landlord Rent to 5 May 2026 $2,748.86 Damage to carport – repaired $371.48 Total award $3,120.34 Minus Bond $2,600.00 Tenant to pay $520.34 5501189 2

Reasons

Both parties attended the hearing.

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?

The tenancy ended on or about 5 May 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy: $2,748.86

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.

There was a carport leak during the tenancy, caused by a water outlet pipe from one of the Tenant’s appliances, discharging water outside her home and 5501189 3 underneath a carport. The Tenant acknowledges the damage. The amount of the repair was $371.48.

The amounts ordered are proved.

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.

Claims and awards in Tenancy Tribunal application 5501189. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent to 5 May 2026	$2,748.86		Rent to 5 May 2026
Damage to carport – repaired	$371.48		Damage to carport – repaired

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the [Tenant/Landlord] name and identifying details.
The tenancy of [The tenant/s] at Unit/Flat Flat 23, 2 Western Springs Road, Morningside, Auckland 1021 is terminated and possession is granted to Client First Limited T/A Charlton Property Management Ltd immediately.
The Bond Centre is to pay the bond of $2,600.00 (BN-00130146) to Client First Limited T/A Charlton Property Management Ltd immediately.
[The tenant/s] is to pay Client First Limited T/A Charlton Property Management Ltd $520.34 immediately, calculated as follows: Description Landlord Rent to 5 May 2026 $2,748.86 Damage to carport – repaired $371.48 Total award $3,120.34 Minus Bond $2,600.00 Tenant to pay $520.34 5501189 2

Reasons

Both parties attended the hearing.
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?

The tenancy ended on or about 5 May 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy: $2,748.86

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.
There was a carport leak during the tenancy, caused by a water outlet pipe from one of the Tenant’s appliances, discharging water outside her home and 5501189 3 underneath a carport. The Tenant acknowledges the damage. The amount of the repair was $371.48.
The amounts ordered are proved.
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.

Tenancy Tribunal case 5501189 — Property damage at Unit/Flat Flat 23, 2 Western Springs Road, Morningside,

At a glance

Tenancy Tribunal case 5501189 — Property damage at Unit/Flat Flat 23, 2 Western Springs Road, Morningside,

At a glance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions