Tenantcheck Insights · Case study
Tenancy Tribunal case 5377812 — Property damage at 95R Mays Road, Onehunga, Auckland 1061
Published 12 May 2026 · Application 5377812
Landlord favoured
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
G Baker
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $2,584.50
- Bond payment as ordered
- −$2,160.00
- Total balance for Tenant to pay Landlord
- $424.50
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Water rates | $301.16 | Water rates | |
| Cleaning | $670.74 | Cleaning | |
| Replace furnishings: gate remotes | $234.60 | Replace furnishings: gate remotes | |
| Repairs: ceiling from flood | $1,000.00 | Repairs: ceiling from flood | |
| Repairs: bedroom wall damage | $350.00 | Repairs: bedroom wall damage | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $424.50 | ||
| Total payable by Tenant to Landlord | $424.50 |
Claims and awards for application 5377812 — net $424.50 NZD. Verify on MoJ.
Water rates
- Amount
- $301.16
- Awarded to
- Landlord
- Reason
- Water rates
Cleaning
- Amount
- $670.74
- Awarded to
- Landlord
- Reason
- Cleaning
Replace furnishings: gate remotes
- Amount
- $234.60
- Awarded to
- Landlord
- Reason
- Replace furnishings: gate remotes
Repairs: ceiling from flood
- Amount
- $1,000.00
- Awarded to
- Landlord
- Reason
- Repairs: ceiling from flood
Repairs: bedroom wall damage
- Amount
- $350.00
- Awarded to
- Landlord
- Reason
- Repairs: bedroom wall damage
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $424.50
Total payable by Tenant to Landlord
Landlord $424.50
Claim types — money lines allowed on this order
Order
- Kevin Harris and Jody Trewheela must pay Antony Christopher Graham $424.50 immediately, calculated as shown in the table below.
- The Bond Centre is to pay the bond of $2,160.00 (5289384-006) to Antony Christopher Graham immediately. DescriptionLandlord Water rates$301.16 Cleaning$670.74 Replace furnishings: gate remotes$234.60 Repairs: ceiling from flood$1,000.00 Repairs: bedroom wall damage$350.00 Filing fee reimbursement$28.00 Total award$2,584.50 Bond$2,160.00 Total payable by Tenant to Landlord$424.50
Reasons
- The landlord attended the video hearing.
- The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for water?
- The landlord provided evidence of an outstanding charge for water usage during the last period 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, and return all security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
- The landlord provided photographic evidence tenant did not leave the premises reasonably clean and tidy. He gave evidence that the premises had not been vacuumed or mopped, the oven cleaned, or the surfaces wiped down.
- The landlord gave evidence that two gate remotes went missing during the tenancy and provided evidence of the cost incurred in replacement.
- The amounts ordered are 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 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 provided photographic evidence of the following damage caused during the tenancy: a. There were several areas of damage to the walls in the bedrooms caused by the removal of hooks or some form of attachment. b. There was substantial paint removed from the bedroom door which the landlord claimed was more than fair wear and tear. c. The ceiling in the bathroom required repainting which the landlord claimed was because the tenant did not keep the ceiling sufficiently clean. d. There was damage to the ceiling of the lounge. The landlord explained that this was caused during a weather event that filled the ranch slider tracks in the bedroom above the lounge. He advised that as the tenant had not kept the drainage holes in the range slider tracks clean, they had become blocked and so the flooding occurred causing damage to the ceiling below.
- On the evidence before the Tribunal, it does not accept that the damage to the door and the bathroom ceiling was more than fair wear and tear given that this tenancy lasted nearly five years.
- The landlord has proven on the balance of probabilities that the damage to the lounge ceiling and to the walls of the bedrooms is more than fair wear and tear. The tenant has not disproved liability for the damage.
- The damage is careless. The tenant’s liability for each item of damage is limited to the landlord’s insurance excess. This sum is awarded in relation to the ceiling repair and a lesser sum is awarded for the wall repairs having considered betterment and depreciation.
- The amounts ordered are proved.
- Because Antony Christopher Graham has substantially succeeded with the claim I have reimbursed the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s40(2), s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: cleaning
- Dispute theme: property damage
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5377812?
The tribunal order states: Kevin Harris and Jody Trewheela must pay Antony Christopher Graham
How much money was awarded in case 5377812?
Cleaning: $670.74 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $350.00 awarded to landlord; Ceiling From Flood: $1,000.00 awarded to landlord; Replace Furnishings: Gate Remotes: $234.60 awarded to landlord; Water Rates: $301.16 awarded to landlord
What type of tenancy dispute was case 5377812?
The primary dispute was Property damage. Related themes: Cleanliness.
Where can I read the official tribunal order for case 5377812?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13584829-Tenancy_Tribunal_Order.pdf.