What was the outcome of Tenancy Tribunal case 5290860?

The tribunal order states: Antaeus Daniel Hohepa must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5290860?

Windows (January 2025: $2,285.21 awarded to landlord

What type of tenancy dispute was case 5290860?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5290860?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12322057-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5290860?

The tribunal order states: Antaeus Daniel Hohepa must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5290860?

Windows (January 2025: $2,285.21 awarded to landlord

What type of tenancy dispute was case 5290860?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5290860?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12322057-Tenancy_Tribunal_Order.pdf.

6 Hobman Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 5290860 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5290860 — net $2,285.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Windows (January 2025	$2,285.21	Repairs: Windows (January 2025
Net award	$2,285.21
Total payable by Tenant to Landlord	$2,285.21

Only the applicant landlord attended the hearing which took place by teleconference. The tenant was called on the number three times and the calls went to voicemail. The file records that the tenant was sent notice of the hearing therefore the hearing proceeded.

The tenant rented premises from the landlord in November 2024.

The landlord has applied for compensation for damage to the premises during the tenancy.

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 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: In January 2025 there was an event at the property and the tenant notified the landlord that windows had been broken. The landlord arranged for the windows to be boarded up and then replaced.

The landlord has provided before and after photographs of the damage. The photographs show that windows on three sides of the house and glass in the back door were broken. In some photographs there is a break to more than one pane in the window. The photographs are dated 20 January 2025. The damage is more than fair wear and tear.

The landlord has also provided a statement of the cost to repair charged to the tenant in the sum of $2444.00. The landlord advised that the tenant accepted liability for the damage and has paid some money to reduce the debt, so the balance outstanding is now $2285.21.

The landlord claims that the damage is intentional as multiple windows were broken in a short period of time.

I am satisfied that the landlord has proved that there was damage to multiple windows in January 2025 and given the large number of broken windows it is more likely than not that the damage was intentionally caused. The tenant has not attended today to disprove liability for the damage and has begun paying for the cost of the damage repairs.

Therefore, I order the tenant to pay the outstanding debt of $2285.21.

Claims and awards in Tenancy Tribunal application 5290860 — net $2,285.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Windows (January 2025	$2,285.21	Repairs: Windows (January 2025
Net award	$2,285.21
Total payable by Tenant to Landlord	$2,285.21

Order

Antaeus Daniel Hohepa must pay Kāinga Ora–Homes And Communities $2,285.21 immediately, calculated as shown in table below. DescriptionLandlord Repairs: Windows (January 2025)$2,285.21 Total award$2,285.21 Total payable by Tenant to Landlord$2,285.21

Reasons

Only the applicant landlord attended the hearing which took place by teleconference. The tenant was called on the number three times and the calls went to voicemail. The file records that the tenant was sent notice of the hearing therefore the hearing proceeded.
The tenant rented premises from the landlord in November 2024.
The landlord has applied for compensation for damage to the premises during the tenancy.

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 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: In January 2025 there was an event at the property and the tenant notified the landlord that windows had been broken. The landlord arranged for the windows to be boarded up and then replaced.
The landlord has provided before and after photographs of the damage. The photographs show that windows on three sides of the house and glass in the back door were broken. In some photographs there is a break to more than one pane in the window. The photographs are dated 20 January 2025. The damage is more than fair wear and tear.
The landlord has also provided a statement of the cost to repair charged to the tenant in the sum of $2444.00. The landlord advised that the tenant accepted liability for the damage and has paid some money to reduce the debt, so the balance outstanding is now $2285.21.
The landlord claims that the damage is intentional as multiple windows were broken in a short period of time.
I am satisfied that the landlord has proved that there was damage to multiple windows in January 2025 and given the large number of broken windows it is more likely than not that the damage was intentionally caused. The tenant has not attended today to disprove liability for the damage and has begun paying for the cost of the damage repairs.
Therefore, I order the tenant to pay the outstanding debt of $2285.21.

Tenancy Tribunal case 5290860 — Property damage at 6 Hobman Place, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5290860 — Property damage at 6 Hobman Place, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions