What was the outcome of Tenancy Tribunal case 5415174?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5415174?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5415174?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5415174?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13383095-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5415174?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5415174?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5415174?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5415174?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13383095-Tenancy_Tribunal_Order.pdf.

287A Hillsborough Road, Hillsborough, Auckland 1042 Tenancy Tribunal Case 5415174 — Property damage

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Reasons

Both parties attended the hearing.

The landlord has applied for water rates, compensation for a fire at the premises, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The landlord provided a reminder notice for an overdue amount of $100.06 but they were unable to provide the invoice(s) and could not confirm that the base or fixed charges have been deducted.

This part of the claim is therefore not proven and must be dismissed.

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.

A devastating fire occurred at the premises on 9 April 2025 which caused a total loss. The landlord says the fire report was inconclusive and they just want the bond instead of their original claim for the insurance excess of $5,000.00. The landlord did not provide any evidence in support except the settlement agreement with their insurance company.

The tenant was not at home when the fire occurred and they deny they had anything to do with it. The tenant says they were told by the Fire Service not to salvage anything due to the risk of asbestos exposure, so they lost everything. The tenant disputes the landlord’s claim on the bond.

In these circumstances, I am unable to make any finding that the tenant is responsible for the damage to the premises.

This part of the landlord’s claim is also dismissed.

Reasons

Both parties attended the hearing.

The landlord has applied for water rates, compensation for a fire at the premises, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The landlord provided a reminder notice for an overdue amount of $100.06 but they were unable to provide the invoice(s) and could not confirm that the base or fixed charges have been deducted.

This part of the claim is therefore not proven and must be dismissed.

Is the tenant responsible for the damage to the premises?

In these circumstances, I am unable to make any finding that the tenant is responsible for the damage to the premises.

This part of the landlord’s claim is also dismissed.

Tenancy Tribunal case 5415174 — Property damage at 287A Hillsborough Road, Hillsborough, Auckland 1042

At a glance

Tenancy Tribunal case 5415174 — Property damage at 287A Hillsborough Road, Hillsborough, Auckland 1042

At a glance

Claims & awards

Order

Reasons

How much is owed for water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions