What was the outcome of Tenancy Tribunal case 5424996?

The tribunal order states: Kyleigh Clements must pay Colliers New Zealand Limited on behalf of Ministry

How much money was awarded in case 5424996?

Credit Owing To Tenant: $103.44 awarded to tenant; Filing Fee: $28.00 awarded to landlord; Property Damage: $3,393.88 awarded to landlord

What type of tenancy dispute was case 5424996?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5424996?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13558959-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5424996?

The tribunal order states: Kyleigh Clements must pay Colliers New Zealand Limited on behalf of Ministry

How much money was awarded in case 5424996?

Credit Owing To Tenant: $103.44 awarded to tenant; Filing Fee: $28.00 awarded to landlord; Property Damage: $3,393.88 awarded to landlord

What type of tenancy dispute was case 5424996?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5424996?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13558959-Tenancy_Tribunal_Order.pdf.

25 Victory Street, Reefton, Reefton 7830 Tenancy Tribunal Case 5424996 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5424996 — net $2,438.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repair damage to various doors throughout the property	$3,393.88		Repair damage to various doors throughout the property
Filing fee reimbursement	$28.00		Filing fee reimbursement
Credit owing to tenant		$103.44	Credit owing to tenant
Total award	$3,421.88	$103.44
Net award	$2,438.44
Total payable by Tenant to Landlord	$2,438.44

Only the landlord attended the hearing which was held by video conference. There was no appearance by the tenant. I made two phone calls to the tenant in case they were having difficulty joining but both calls went to voicemail.

I am satisfied that the tenant has been served with the landlord’s application in accordance with the relevant provisions of the Residential Tenancies Act 1986 and so the hearing proceeded in the tenant’s absence.

This tenancy began on 10 July 2019 and ended on 12 February 2025 after the tenant gave notice.

The landlord has applied for compensation for damage and reimbursement of the filing fee following the end of the tenancy.

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 produced an outgoing inspection report showing damage to numerous doors, damage to a wall and a door missing at the end of the tenancy (the door was discovered in the garage and had to be reinstalled).

The landlord also produced an ingoing inspection report proving that the damage occurred during the tenancy and is more than fair wear and tear.

The landlord produced an itemised quote for the repair of this damage, totalling $3,393.88 and confirmed that the work had now been done in accordance with the quote.

The amounts ordered are proved.

I have considered betterment and depreciation in making the award to the landlord. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In this instance I have not deducted any amount for depreciation as, although this property is in relatively tired condition, the doors were in good condition and the landlord is not better off now that the doors are repaired.

I note for completeness that the landlord produced email correspondence with the tenant in which the tenant accepted liability for the damage and agreed to make weekly payments but to date none have been received. Filing fee and name suppression

Because Colliers New Zealand Limited on behalf of Ministry of Education has wholly succeeded with the claim I must reimburse the filing fee.

The landlord did not seek an order for name suppression.

Claims and awards in Tenancy Tribunal application 5424996 — net $2,438.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repair damage to various doors throughout the property	$3,393.88		Repair damage to various doors throughout the property
Filing fee reimbursement	$28.00		Filing fee reimbursement
Credit owing to tenant		$103.44	Credit owing to tenant
Total award	$3,421.88	$103.44
Net award	$2,438.44
Total payable by Tenant to Landlord	$2,438.44

Order

Kyleigh Clements must pay Colliers New Zealand Limited on behalf of Ministry of Education $2,438.44 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing which was held by video conference. There was no appearance by the tenant. I made two phone calls to the tenant in case they were having difficulty joining but both calls went to voicemail.
I am satisfied that the tenant has been served with the landlord’s application in accordance with the relevant provisions of the Residential Tenancies Act 1986 and so the hearing proceeded in the tenant’s absence.
This tenancy began on 10 July 2019 and ended on 12 February 2025 after the tenant gave notice.
The landlord has applied for compensation for damage and reimbursement of the filing fee following the end of the tenancy.

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 produced an outgoing inspection report showing damage to numerous doors, damage to a wall and a door missing at the end of the tenancy (the door was discovered in the garage and had to be reinstalled).
The landlord also produced an ingoing inspection report proving that the damage occurred during the tenancy and is more than fair wear and tear.
The landlord produced an itemised quote for the repair of this damage, totalling $3,393.88 and confirmed that the work had now been done in accordance with the quote.
The amounts ordered are proved.
I have considered betterment and depreciation in making the award to the landlord. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In this instance I have not deducted any amount for depreciation as, although this property is in relatively tired condition, the doors were in good condition and the landlord is not better off now that the doors are repaired.
I note for completeness that the landlord produced email correspondence with the tenant in which the tenant accepted liability for the damage and agreed to make weekly payments but to date none have been received. Filing fee and name suppression
Because Colliers New Zealand Limited on behalf of Ministry of Education has wholly succeeded with the claim I must reimburse the filing fee.
The landlord did not seek an order for name suppression.

Tenancy Tribunal case 5424996 — Property damage at 25 Victory Street, Reefton, Reefton 7830

At a glance

Tenancy Tribunal case 5424996 — Property damage at 25 Victory Street, Reefton, Reefton 7830

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

Property management

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

Property management

Frequently asked questions