Tenantcheck Insights · Case study
Tenancy Tribunal case 5325719 — Property damage at 466 New Renwick Road, Fairhall, RD 2, Blenheim 7272
Published 11 March 2026 · Application 5325719
- Property damage
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Blenheim
Tribunal region
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $4,416.10
- Total balance for Tenant to pay Landlord
- $1,216.10
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears as at 20 June 2025 | $1,371.43 | Rent arrears as at 20 June 2025 | |
| Carpet replacement | $1,416.67 | Carpet replacement | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Bond received by landlord | $1,600.00 | Bond received by landlord | |
| Total award | $2,816.10 | $1,600.00 | |
| Net award | $1,216.10 | ||
| Total payable by Tenant to Landlord | $1,216.10 |
Claims and awards for application 5325719 — net $1,216.10 NZD. Verify on MoJ.
Rent arrears as at 20 June 2025
- Amount
- $1,371.43
- Awarded to
- Landlord
- Reason
- Rent arrears as at 20 June 2025
Carpet replacement
- Amount
- $1,416.67
- Awarded to
- Landlord
- Reason
- Carpet replacement
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Bond received by landlord
- Amount
- $1,600.00
- Awarded to
- Tenant
- Reason
- Bond received by landlord
Total award
Landlord $2,816.10 · Tenant $1,600.00
Net award
Landlord $1,216.10
Total payable by Tenant to Landlord
Landlord $1,216.10
Claim types — money lines allowed on this order
Order
- Paul Frost must pay Anne Marie Best $1,216.10 immediately, calculated as shown in table below.
Reasons
- This application was scheduled to be heard by video conference. Mr Frost did not connect to the Teams link provided to him and nor did he ring in as directed in the Notice of Hearing. The hearing proceeded in his absence.
- This Order ought to be read together with the Tribunal Order dated 27 January 2026.
- The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
- The tenancy ended on 20 June 2025. I accept the evidence provided which shows that as at that date, the tenant owed $1,371.43 in rent arrears. This includes the last payment of rent of $800.00 on 12 June 2025.
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.
- 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.
- At the last hearing I was satisfied, based on the evidence before me, that Mr Frost had a pet in the house which caused significant urine stains on the carpet throughout the tenancy apart from one bedroom.
- I accept that this damage occurred during Mr Frost’s tenancy because the previous tenant did not have a pet at the premises.
- In accordance with the reasoning set out in the previous Order, I am ordering Mr Frost to pay the depreciated cost of the replacement carpet - $1,416.67.
- The landlord also made a claim for the cost of repairing holes in the wall and refacing the kitchen cupboards.
- As explained at today’s hearing I am dismissing this part of the landlord’s claim. This is because there is no objective evidence, in the form of a pre-entry inspection report or photographs taken at the time the tenancy started, which evidences the condition of the premises at the start of the tenancy. Without this kind of evidence it is not possible to prove to the required standard that the damage claimed occurred during Mr Frost’s tenancy. Filing fee reimbursement
- I am ordering Mr Frost to reimburse the landlord the cost of filing this application in the Tribunal. This is because the landlord was partly successful with this claim against him. C ter Haar 11 March 2026
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(2), s49B(1), s49B(3)
Key findings
- Dispute theme: rent arrears
- Dispute theme: property damage
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5325719?
The tribunal order states: Paul Frost must pay Anne Marie Best $1,216.10 immediately, calculated as
How much money was awarded in case 5325719?
Filing Fee: $28.00 awarded to landlord; Property Damage: $1,416.67 awarded to landlord; Rent Arrears: $1,371.43 awarded to landlord
What type of tenancy dispute was case 5325719?
The primary dispute was Property damage. Related themes: Rent arrears.
Where can I read the official tribunal order for case 5325719?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13264128-Tenancy_Tribunal_Order.pdf.