Published tribunal order
Tenancy Tribunal case 5391502 — Property damage at 1 Ribbonwood Close, Te Kauwhata, Te Kauwhata 3710
Decided 7 January 2026 · Published 7 January 2026 · Application 5391502
Landlord favoured
- Property damage
- Cleanliness
Order
- Teia Rangimaria Sarah Marsh and Rehutai Lee Jerome Taingahue must pay Baseden Property Management Limited $6,661.47 immediately, calculated as shown in the table below. DescriptionLandlord Previous order application 5364202 dated 20/11/2025 $3,593.71 Cleaning$667.00 Lawns and Garden work$1,378.85 Repairs: wall damage$700.00 Repairs: door$200.00 Water rates$121.91 Total award$6,661.47 Total payable by Tenant to Landlord$6,661.47
Reasons
- Both parties attended the hearing by telephone.
- One of the tenants did not attend. He was telephoned twice but did not answer and messages were left.
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 remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
- The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
- 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 following damage was caused during the tenancy: a. Upon moving out damage was caused to one wall requiring plastering and painting. b. The front door handle was broken and required replacement.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. During the hearing the tenant accepted the reduced amounts claimed by the landlord.
- The amounts ordered are proved.