What was the outcome of Tenancy Tribunal case 5349222?

The tribunal order states: Abebe Mitiku Asmare must pay Kāinga Ora–Homes and Communities

How much money was awarded in case 5349222?

Lawns and Garden Work: $588.81 awarded to landlord; Property Damage: $3,580.98 awarded to landlord

What type of tenancy dispute was case 5349222?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5349222?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13202053-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5349222?

The tribunal order states: Abebe Mitiku Asmare must pay Kāinga Ora–Homes and Communities

How much money was awarded in case 5349222?

Lawns and Garden Work: $588.81 awarded to landlord; Property Damage: $3,580.98 awarded to landlord

What type of tenancy dispute was case 5349222?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5349222?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13202053-Tribunal_Order.pdf.

12 Glenarm Avenue, Wesley, Auckland 1041 Tenancy Tribunal Case 5349222 — Property damage

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Reasons

Claims and awards in Tenancy Tribunal application 5349222 — net $4,169.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work	$588.81	Lawns and Garden work
Repairs (walls	$3,580.98	Repairs (walls
Net award	$4,169.79
Total payable by Tenant to Landlord	$4,169.79

The landlord attended the hearing. The tenant did not attend and did not respond despite being telephoned on the number in the application form and ending in 517.

The landlord has applied for compensation following the end of the tenancy. Exterior lawn costs

During the tenancy the landlord carried out exterior lawns and maintenance work at the total cost of $1,980.00. This was charged back to the tenant’s account, and the tenant had been making regular payments towards this amount.

The remaining outstanding amount for this work is $588.81, and the amount ordered is proved.

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 landlord claims for significant damage caused to the property during the tenancy, including several holes made in the walls in the bedrooms and other areas. The total amount claimed for the required repairs is $3,580.98 and photographs as well as evidence of repair costs have been provided in support of the claim.

On review, I consider that the damage was caused during the tenancy and given the significant number and size of the holes in the walls, that it was likely intentionally caused.

The following damage was caused during the tenancy: Holes in walls in bedrooms and other areas. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is proved. R Harvey-Lane 27 February 2026

Reasons

Claims and awards in Tenancy Tribunal application 5349222 — net $4,169.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work	$588.81	Lawns and Garden work
Repairs (walls	$3,580.98	Repairs (walls
Net award	$4,169.79
Total payable by Tenant to Landlord	$4,169.79

The landlord attended the hearing. The tenant did not attend and did not respond despite being telephoned on the number in the application form and ending in 517.

The landlord has applied for compensation following the end of the tenancy. Exterior lawn costs

The remaining outstanding amount for this work is $588.81, and the amount ordered is proved.

Is the tenant responsible for the damage to the premises?

On review, I consider that the damage was caused during the tenancy and given the significant number and size of the holes in the walls, that it was likely intentionally caused.

The following damage was caused during the tenancy: Holes in walls in bedrooms and other areas. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is proved. R Harvey-Lane 27 February 2026

Tenancy Tribunal case 5349222 — Property damage at 12 Glenarm Avenue, Wesley, Auckland 1041

At a glance

Tenancy Tribunal case 5349222 — Property damage at 12 Glenarm Avenue, Wesley, Auckland 1041

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