Published tribunal order
Tenancy Tribunal case 4692569 — Property damage at 648 No 1 Road, Springdale, RD 1, Springdale 3380
Decided 22 Jul 2025 · Published 22 Jul 2025 · Application 4692569
Landlord favoured
- Property damage
Order
- John Jacob Verhoeven to pay Central Waikato Realty Limited As Agent For Bob Thom $1,200.00 from the bond, calculated as shown in table below.
- The Bond Centre is to pay the bond of $1,200.00 (5101617-022) to Central Waikato Realty Limited As Agent For Bob Thom immediately.
Reasons
- Only the applicant landlord attended the hearing. The Tribunal is satisfied that the tenant was served with details of the hearing and particulars of the claim for a refund of the bond and has chosen not to attend. The hearing therefore proceeded in his absence.
- The landlord has applied for compensation and a refund of the bond following the end of the tenancy.
How much is owed for rent?
- The tenancy ended on 6/7/2023. The landlord confirmed there was a small rent credit owing to the tenant at the end of the tenancy. This is accounted for in the order made.
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.
- The following damage was caused during the tenancy: glass in the firebox was damaged when a cell phone exploded when put into the fire. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Although he alleged that an intruder had broken in and caused the fire, when requested to do so, he did not provide confirmation of a police report or any other evidence to verify his explanation. In the absence of this evidence he has failed to rebut the presumption of liability for the damage.
- The landlord had insurance and the excess is $2,000. The cost of replacing the damaged carpet alone was $2,150, the replacement glass is additional.
- The landlord is prepared to reduce the claim to the level of the bond (plus the rent credit owing), which is considered reasonable in the circumstances.
- 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.
- The application was filed more than two months after the end of the tenancy so the usual service rules no longer apply.
- The application must be served either personally on the tenant, on someone over the age of 16 living at address where the tenant now lives, or by post to an address provided by the tenant within two months before the application was made. See section 91A(2) Residential Tenancies Act 1986.
- The application has not been served in accordance with these requirements.
- The hearing cannot proceed until effective service has taken place.
- If the landlord cannot locate the tenant, despite making all reasonable efforts to do so, the landlord may apply to the Tribunal for a direction that the application is to be served by some other means likely to bring it to the tenant’s notice. Alternatively, the landlord may apply to the Tribunal for a direction that service be dispensed with. See section 91B Residential Tenancies Act 1986.