Published tribunal order
Tenancy Tribunal case 5556459 — Property damage at 68 Silverstream Road, Horahora, Whangarei 0110
Decided 9 Sept 2026 · Published 9 Sept 2026 · Application 5556459
- Property damage
- Cleanliness
Order
[The tenant/s] tenant/s] must pay Mackys Real Estate Limited As Agent For Healey Properties Ltd $453.76 immediately, calculated as shown in table below.
Reasons
- Both parties attended the hearing.
- The landlord has applied for water rates, compensation, and reimbursement of the filing fee following the end of the tenancy. The bond has since been refunded to the landlord.
- The tenancy ended on 25 June 2026. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
- At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
- The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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.
- 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: wardrobe, doors, walls and curtains. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.