Published tribunal order
Tenancy Tribunal case 5520283 — Property damage
Decided 14 Jul 2026 · Published 14 Jul 2026 · Application 5520283
- Property damage
Party names are redacted in the official published order.
Order
- This order amends the Tribunal order dated 13 July 2926 as the insurance excess figure is incorrect. In all other respects the order remains unchanged. An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
- By consent, the tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59 am on Friday 31 July 2026.
- The Bond Centre is to pay the bond of $408.00 ([Bond number suppressed]) to [The landlord/s] immediately.
- [The tenant/s] must pay [The landlord/s] $1,760.00 immediately, calculated as shown in the table below:
Reasons
- Both parties attended the remote hearing. The tenant was assisted by a support person.
- The landlord has applied for termination of the tenancy, compensation, refund of the bond, and reimbursement of the filing fee.
- By consent of the parties, the Tribunal orders the tenancy to end at 11.59 am on Friday 31 July 2026.
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 excess on the policy of insurance is $2,500.00.
- 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: Damage was caused to the tenant’s apartment as a result of a fire. The fire was caused by the tenant or her guest allowing a cigarette butt to catch fire. The fire caused damage. The eight-level building was evacuated. The tenant is responsible for the acts of her guest.
- I accept that the damage was caused as a result of the tenant or her guests carelessness and was not intentional. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord’s insurance excess is $2,500.00. The tenant’s liability is limited to the insurance excess of the equivalent of four weeks market rent, whichever is the lesser. Four weeks market rent amounts to $2,140.00. The tenant is ordered to pay $2,140.00.
- The amount ordered is proven.
- As [The applicant/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.
- Both parties applied for name suppression. The landlord has been substantially successful and suppression of the landlord’s name and details is ordered. The tenant has not been wholly or substantially successful in this hearing. The tenant’s application is dismissed.