Published tribunal order
Tenancy Tribunal case 5260461 — Property damage at 19 Solent Street, Mangere, Auckland 2022
Decided 28 Jul 2025 · Published 28 Jul 2025 · Application 5260461
Landlord favoured
- Property damage
Order
- Tevita Lata Talanoa and Mele Iolohea Latoya Vi must pay Kāinga Ora–Homes And Communities $2,615.74 immediately, calculated as shown in table below.
Reasons
- The landlord attended the hearing by phone call.
- The tenants were telephoned on the phone numbers provided in the tenancy agreement, application form and notice to end tenancy but the phone calls went unanswered or to voice mail.
- I am satisfied the tenants were properly served with notice of the hearing by email to the email address provided to the landlord at the end of the tenancy.
- The hearing proceeded in their absence.
- The landlord has applied for compensation following 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 remove all their rubbish. The post tenancy photographs show there was a large pile of tyres left outside the premises and rubbish underneath the premises.
- The amounts ordered are proved with photographs and a Kainga Ora final statement.
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.
- 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: Three walls were damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- 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. The amount ordered is for repairs only therefore there is no deduction for betterment and depreciation.
- The tenant has a rent credit which is deducted from the amount ordered.
- The landlord did not seek the filing fee or name suppression.