What was the outcome of Tenancy Tribunal case 5185492?

The tribunal order states: Stewart Powers must pay The Rent Shop Limited As Agent For Michael &

How much money was awarded in case 5185492?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,761.43 awarded to landlord; Property Damage: $250.00 awarded to landlord; Water Rates: $319.19 awarded to landlord

What type of tenancy dispute was case 5185492?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5185492?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12331828-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5185492?

The tribunal order states: Stewart Powers must pay The Rent Shop Limited As Agent For Michael &

How much money was awarded in case 5185492?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,761.43 awarded to landlord; Property Damage: $250.00 awarded to landlord; Water Rates: $319.19 awarded to landlord

What type of tenancy dispute was case 5185492?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5185492?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12331828-Tribunal_Order.pdf.

Unit/Flat 14, 50 Livingstone Street, Westmere, Auckland Tenancy Tribunal Case 5185492 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5185492 — net $1,997.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 March 2025	$5,761.43	Rent arrears to 27 March 2025
Water rates	$319.19	Water rates
Repairs: (insurance excess	$250.00	Repairs: (insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,997.62
Total payable by Tenant to Landlord	$1,997.62

Stewart Powers must pay The Rent Shop Limited As Agent For Michael & Jackie Freeman / Coutts $1,997.62 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $4,360.00 (3347261-010) to The Rent Shop Limited As Agent For Michael & Jackie Freeman / Coutts immediately.

Reasons

The landlord attended the hearing on 28 August 2025. The tenant did not.

On 27 March 2024, the tenant entered into a fixed-term tenancy with the landlord. The tenancy ended on 27 March 2025. The landlord claims the tenant stopped paying their rent and water rates invoices towards the end of the tenancy. The landlord also claims the tenant damaged the walls inside the premises. The issues I must determine are: a. How much does the tenant owe in rent arrears? b. How much does the tenant owe in outstanding water rates? c. Is the tenant responsible for damaging the walls during the tenancy?

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

How much does the tenant owe in rent arrears?

The landlord gave evidence the tenancy ended on 27 March 2025, which is the end of the fixed term. I accept the landlord’s evidence on this point.

The landlord submitted a rent summary, which records rent arrears as being $5,761.43 up to 27 March 2025. I accept the landlord’s rent summary as accurate and find the tenant owes $5,761.43 in rent arrears.

How much does the tenant owe in outstanding water rates?

The landlord submitted copies of original invoices from Watercare, together with a summary of payments received from the tenant. This evidence proves the tenant owes $319.19 in outstanding water rates.

Is the tenant responsible for damaging the walls during the tenancy?

The law

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. 1 1 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B.

Fair wear and tear has been defined as the deterioration of premises due to both reasonable use and ordinary operation of natural forces, reasonable conduct on the part of the tenant being assumed. The amount of damage is not relevant. 2

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). 3

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). 4 Where insurance money is irrecoverable because of the tenant’s conduct, the property is treated as if it is not insured against the damage. 5

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 applied to anything the tenant does and anything done by a person they are responsible for. 6

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. 7 Analysis

The landlord claims the premises were renovated just before the tenancy began, including internal painting. The photographs taken at the beginning of the tenancy support this, as there are no marks on the walls. In contrast, the photographs taken at the end of the tenancy show multiple marks to the walls throughout the premises. The tenant appears to have attempted multiple patch repairs in a different coloured paint. The patch repairs are poorly done and obvious because they have been completed in a different coloured paint. They are significant in number and are apparent throughout the entire premises.

On the balance of probabilities, I find the tenant damaged the walls during the tenancy. The damage is beyond fair wear and tear, and the tenant has not disproved liability. 2 See discussion in Accessible Properties New Zealand Ltd v McKeefry [2019] NZTT 4114629, 4169403. 3 Residential Tenancies Act 1986, section 49B(3)(a). 4 Residential Tenancies Act 1986, section 49B(3)(b). 5 Residential Tenancies Act 1986, section 49B(3A)(a). 6 Residential Tenancies Act 1986, section 49B(1). 7 See Guo v Korck [2019] NZHC 1541.

The landlord’s insurer paid for the repairs and the landlord only seeks compensation of $250.00 for the excess paid.

The landlord’s claim for compensation is granted for $250.00. Filing fee

Because The Rent Shop Limited As Agent For Michael & Jackie Freeman / Coutts has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5185492 — net $1,997.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 March 2025	$5,761.43	Rent arrears to 27 March 2025
Water rates	$319.19	Water rates
Repairs: (insurance excess	$250.00	Repairs: (insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,997.62
Total payable by Tenant to Landlord	$1,997.62

Order

Stewart Powers must pay The Rent Shop Limited As Agent For Michael & Jackie Freeman / Coutts $1,997.62 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $4,360.00 (3347261-010) to The Rent Shop Limited As Agent For Michael & Jackie Freeman / Coutts immediately.

Reasons

The landlord attended the hearing on 28 August 2025. The tenant did not.
On 27 March 2024, the tenant entered into a fixed-term tenancy with the landlord. The tenancy ended on 27 March 2025. The landlord claims the tenant stopped paying their rent and water rates invoices towards the end of the tenancy. The landlord also claims the tenant damaged the walls inside the premises. The issues I must determine are: a. How much does the tenant owe in rent arrears? b. How much does the tenant owe in outstanding water rates? c. Is the tenant responsible for damaging the walls during the tenancy?
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

How much does the tenant owe in rent arrears?

The landlord gave evidence the tenancy ended on 27 March 2025, which is the end of the fixed term. I accept the landlord’s evidence on this point.
The landlord submitted a rent summary, which records rent arrears as being $5,761.43 up to 27 March 2025. I accept the landlord’s rent summary as accurate and find the tenant owes $5,761.43 in rent arrears.

How much does the tenant owe in outstanding water rates?

The landlord submitted copies of original invoices from Watercare, together with a summary of payments received from the tenant. This evidence proves the tenant owes $319.19 in outstanding water rates.

Is the tenant responsible for damaging the walls during the tenancy?

The law

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. 1 1 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B.
Fair wear and tear has been defined as the deterioration of premises due to both reasonable use and ordinary operation of natural forces, reasonable conduct on the part of the tenant being assumed. The amount of damage is not relevant. 2
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). 3
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). 4 Where insurance money is irrecoverable because of the tenant’s conduct, the property is treated as if it is not insured against the damage. 5
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 applied to anything the tenant does and anything done by a person they are responsible for. 6
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. 7 Analysis
The landlord claims the premises were renovated just before the tenancy began, including internal painting. The photographs taken at the beginning of the tenancy support this, as there are no marks on the walls. In contrast, the photographs taken at the end of the tenancy show multiple marks to the walls throughout the premises. The tenant appears to have attempted multiple patch repairs in a different coloured paint. The patch repairs are poorly done and obvious because they have been completed in a different coloured paint. They are significant in number and are apparent throughout the entire premises.
On the balance of probabilities, I find the tenant damaged the walls during the tenancy. The damage is beyond fair wear and tear, and the tenant has not disproved liability. 2 See discussion in Accessible Properties New Zealand Ltd v McKeefry [2019] NZTT 4114629, 4169403. 3 Residential Tenancies Act 1986, section 49B(3)(a). 4 Residential Tenancies Act 1986, section 49B(3)(b). 5 Residential Tenancies Act 1986, section 49B(3A)(a). 6 Residential Tenancies Act 1986, section 49B(1). 7 See Guo v Korck [2019] NZHC 1541.
The landlord’s insurer paid for the repairs and the landlord only seeks compensation of $250.00 for the excess paid.
The landlord’s claim for compensation is granted for $250.00. Filing fee
Because The Rent Shop Limited As Agent For Michael & Jackie Freeman / Coutts has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5185492 — Rent arrears at Unit/Flat 14, 50 Livingstone Street, Westmere, Auckland

At a glance

Tenancy Tribunal case 5185492 — Rent arrears at Unit/Flat 14, 50 Livingstone Street, Westmere, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe in rent arrears?

How much does the tenant owe in outstanding water rates?

Is the tenant responsible for damaging the walls during the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe in rent arrears?

How much does the tenant owe in outstanding water rates?

Is the tenant responsible for damaging the walls during the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions