Tenantcheck Insights · Case study
Tenancy Tribunal case 5427736 — Property damage at 55A Hupara Road, Kawakawa, Kawakawa 0472, Te
Published 15 April 2026 · Application 5427736
Landlord favoured
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Kawakawa
Tribunal region
Adjudicator
M Manhire
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $7,715.96
- Total balance for Tenant to pay Landlord
- $7,715.96
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent 29.9.25 to 26.10.25 | $1,800.00 | Rent 29.9.25 to 26.10.25 | |
| Previous order application 5324560 dated 29/09/2025 | $2,948.00 | Previous order application 5324560 dated 29/09/2025 | |
| Lock/key replacement | $730.00 | Lock/key replacement | |
| Repairs | $1,040.96 | Repairs | |
| Window repairs | $95.00 | Window repairs | |
| Rubbish removal: Skip bin hire | $744.00 | Rubbish removal: Skip bin hire | |
| Storage – 11 weeks at per week | $330.00 | Storage – 11 weeks at per week | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $7,715.96 | ||
| Total payable by Tenant to Landlord | $7,715.96 |
Claims and awards for application 5427736 — net $7,715.96 NZD. Verify on MoJ.
Rent 29.9.25 to 26.10.25
- Amount
- $1,800.00
- Awarded to
- Landlord
- Reason
- Rent 29.9.25 to 26.10.25
Previous order application 5324560 dated 29/09/2025
- Amount
- $2,948.00
- Awarded to
- Landlord
- Reason
- Previous order application 5324560 dated 29/09/2025
Lock/key replacement
- Amount
- $730.00
- Awarded to
- Landlord
- Reason
- Lock/key replacement
Repairs
- Amount
- $1,040.96
- Awarded to
- Landlord
- Reason
- Repairs
Window repairs
- Amount
- $95.00
- Awarded to
- Landlord
- Reason
- Window repairs
Rubbish removal: Skip bin hire
- Amount
- $744.00
- Awarded to
- Landlord
- Reason
- Rubbish removal: Skip bin hire
Storage – 11 weeks at per week
- Amount
- $330.00
- Awarded to
- Landlord
- Reason
- Storage – 11 weeks at per week
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $7,715.96
Total payable by Tenant to Landlord
Landlord $7,715.96
Claim types — money lines allowed on this order
Order
- Rose maddison Mason and Daniel Charles Horsnell must pay The Proprietors Of Tapuaetahi Incorporation $7,715.96 immediately, calculated as shown in table below.
- The Proprietors Of Tapuaetahi Incorporation must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
- The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.
Reasons
- The landlord attended the hearing via remote video conference. The tenants did not join the hearing via the video or telephone link as instructed in the notice of hearing. The hearing continued in the absence of the tenants.
- The landlord has applied for rent arrears, compensation, disposal order and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
- The tenancy ended on 28 September 2025 pursuant to an earlier Tribunal termination order (see 5324560). The tenants did not remove their belongings and also failed to return the keys as at the possession date.
- The landlord provided rent records up until 26 October 2025 which covers the period that the landlord did not have vacant possession of the property.
- The claim for outstanding rent is established.
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, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
- The landlord claims that the tenants did not remove all rubbish at the end of the tenancy. The landlord provided comprehensive photographic evidence confirming the condition of the property at the start and end of the tenancy.
- The landlord has incurred the inconvenience and cost of storing the belongings in a shed behind the farm manager’s house. I find that the compensation claimed for storage is reasonable in all the circumstances.
- The landlord will also incur the cost of hiring a skip bin to remove the significant amount of rubbish and belongings left behind by the tenants. The amount claimed was confirmed via the website of Northland Waste for a 9 cubic meter skip bin.
- The tenants did not return the keys. The landlord provided an invoice from LockPro dated 18 November 2025 in support of the amount claimed.
- The amounts ordered are established and 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 following damage was caused during the tenancy: damage to kitchen, bathroom and window. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The landlord claims that the tenants caused significant damage to various areas of the kitchen and bathroom. Comprehensive photographic evidence was provided of the damage. I have also sighted the photographs taken at the start of the tenancy confirming that the premises were in a very good condition when the tenants moved in.
- The landlord provided invoices from Autoglass Specialists dated 10 December 2025 and Proper Tee Projects and Services dated 9 December 2025 in support of these repair claims. Based on the evidence filed by the landlord I am entirely satisfied that the damage caused by the tenants was intentional.
- The amounts ordered are proved. Disposal order
- The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
- The landlord a. is unable to contact the tenants.
- It is not practicable for the landlord to the return the goods to the tenants. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.
- Because The Proprietors Of Tapuaetahi Incorporation has wholly succeeded with the claim I must reimburse the filing fee.
- The landlord confirmed during the hearing that they withdraw their claims in respect of the labour charge and mileage in lieu of a claim for skip bin hire.
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, s49B(1), s49B(3), s49B(3A), s62(3)
Key findings
- Dispute theme: property damage
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5427736?
The tribunal order states: Rose maddison Mason and Daniel Charles Horsnell must pay The Proprietors
How much money was awarded in case 5427736?
Filing Fee: $28.00 awarded to landlord; Previous Order Application 5324560 D…: $2,948.00 awarded to landlord; Property Damage: $730.00 awarded to landlord; Property Damage: $1,040.96 awarded to landlord; Property Damage: $95.00 awarded to landlord; Rent 29.9.25 To 26.10.25: $1,800.00 awarded to landlord; Rubbish Removal: $744.00 awarded to landlord; Storage – 11 Weeks At Per Week: $330.00 awarded to landlord
What type of tenancy dispute was case 5427736?
The primary dispute was Property damage.
Where can I read the official tribunal order for case 5427736?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13448024-Tenancy_Tribunal_Order.pdf.