What was the outcome of Tenancy Tribunal case 5191973?

The tribunal order states: Brent Matches must pay Barfoot & Thompson Limited Mt Eden As Agent For

How much money was awarded in case 5191973?

Filing Fee: $27.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $3,000.00 awarded to landlord; Rent Arrears: $430.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Water Rates: $16.41 awarded to landlord

What type of tenancy dispute was case 5191973?

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

Where can I read the official tribunal order for case 5191973?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12004292-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5191973?

The tribunal order states: Brent Matches must pay Barfoot & Thompson Limited Mt Eden As Agent For

How much money was awarded in case 5191973?

Filing Fee: $27.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $3,000.00 awarded to landlord; Rent Arrears: $430.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Water Rates: $16.41 awarded to landlord

What type of tenancy dispute was case 5191973?

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

Where can I read the official tribunal order for case 5191973?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12004292-Tenancy_Tribunal_Order.pdf.

Unit/Flat 6, 145 Bassett Road, Remuera, Auckland 1050 Tenancy Tribunal Case 5191973 — Property damage

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Order

Claims and awards in Tenancy Tribunal application 5191973 — net $3,383.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 March 2025	$430.00	Rent arrears to 3 March 2025
Water rates	$16.41	Water rates
Lock/key replacement	$200.00	Lock/key replacement
Repairs: Insurance excess	$1,000.00	Repairs: Insurance excess
General damages	$3,000.00	General damages
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,383.41
Total payable by Tenant to Landlord	$3,383.41

Brent Matches must pay Barfoot & Thompson Limited Mt Eden As Agent For The Wallath Arm Trust $3,383.41 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,290.00 (3543552-011) to Barfoot & Thompson Limited Mt Eden As Agent For The Wallath Arm Trust immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. I am satisfied that the tenant had notice of the hearing. The hearing proceeded in the tenant’s absence.

The landlord has applied for rent arrears, compensation, exemplary damages, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 3 March 2025. The landlord provided rent records and 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?

When the landlord attended the premises on 5 March 2025, she was unable to gain entry because the tenant had put glue in the lock. The landlord sought the assistance of a locksmith to gain entry. That claim is awarded.

Once inside the landlord was met with premises that were flooded and there was graffiti everywhere. The flooding was caused by the kitchen tap being left on with the drain being blocked with towels. The carpet was wet and there was water throughout the three-bedroom unit.

The spray-painted graffiti was on nearly every wall, door, ceiling, blind, curtain, light switch, the heat pump, and some of the carpet.

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 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.

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.

The damage to the premises was clearly intentional. The tenant did not attend the hearing to prove that they did not carelessly or intentionally cause or permit the damage.

The landlord has made a claim for insurance to cover the cost of repair estimated to be around $60,000.00. The landlord seeks the insurance excess from the tenant which is $1,000.00. That amount is awarded.

The landlord claimed exemplary damages pursuant to section 40(2)(a) of the Residential Tenancies Act 1986 which states, The tenant shall not intentionally or carelessly damage, or permit any other person to damage, the premises.

Not all acts that are breaches of the Residential Tenancies Act 1986 amount to unlawful acts that give rise to exemplary damages.

Section 40(3A) lists the unlawful acts of the tenant where exemplary damages would be available. Subsection (2)(a) is not listed as an unlawful act. Instead, subsection (3B) refers to sections 49A and 49B in relation to a tenant’s liability for a contravention of subsection (2)(a).

The insurance excess award is made pursuant to section 49B.

The District Court in Maria Cavanagh v Kainga Ora 1 determined that the Tribunal could consider an award of ordinary damages as opposed to exemplary damages even though there was no specific claim. The court referred to section 77(2)(n) of the Residential Tenancies Act 1986 which states, “To order the landlord or the tenant under any tenancy agreement to which this Act applies to pay to the other party such sum by way of damages or compensation as the Tribunal shall assess in respect of the breach of any express or implied provision of the tenancy agreement or any provision of this Act.”

The tenant has breached various provisions in the Tenancy Agreement and section 40 of the Act. The extent of the damage caused by the tenant is significant and warrants the award of general damages. The breach is serious, and I consider $3,000.00 to be a reasonable amount.

Because Barfoot & Thompson Limited Mt Eden As Agent For The Wallath Arm Trust has wholly succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5191973 — net $3,383.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 March 2025	$430.00	Rent arrears to 3 March 2025
Water rates	$16.41	Water rates
Lock/key replacement	$200.00	Lock/key replacement
Repairs: Insurance excess	$1,000.00	Repairs: Insurance excess
General damages	$3,000.00	General damages
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,383.41
Total payable by Tenant to Landlord	$3,383.41

Brent Matches must pay Barfoot & Thompson Limited Mt Eden As Agent For The Wallath Arm Trust $3,383.41 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,290.00 (3543552-011) to Barfoot & Thompson Limited Mt Eden As Agent For The Wallath Arm Trust immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. I am satisfied that the tenant had notice of the hearing. The hearing proceeded in the tenant’s absence.

The landlord has applied for rent arrears, compensation, exemplary damages, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 3 March 2025. The landlord provided rent records and 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?

The spray-painted graffiti was on nearly every wall, door, ceiling, blind, curtain, light switch, the heat pump, and some of the carpet.

The damage to the premises was clearly intentional. The tenant did not attend the hearing to prove that they did not carelessly or intentionally cause or permit the damage.

Not all acts that are breaches of the Residential Tenancies Act 1986 amount to unlawful acts that give rise to exemplary damages.

The insurance excess award is made pursuant to section 49B.

Because Barfoot & Thompson Limited Mt Eden As Agent For The Wallath Arm Trust has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5191973 — Property damage at Unit/Flat 6, 145 Bassett Road, Remuera, Auckland 1050

At a glance

Tenancy Tribunal case 5191973 — Property damage at Unit/Flat 6, 145 Bassett Road, Remuera, Auckland 1050

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions