Tenant Not Liable for Damage Caused by External Factors
📌 In brief
The Tenancy Tribunal ruled that the tenant was not responsible for the damage to the rental property. The Tribunal found that the damage was likely caused by vandalism and flooding, not by the tenant.
⚖️ Legal holding
A tenant is not liable for damage to rental property if it is proven that the damage was caused by external factors beyond their control.
📖 Technical summary
The Tribunal dismissed the landlord's claim for compensation for damage, finding that the damage was likely caused by external factors such as vandalism and flooding.
📜 Headnote Official document
The Tenancy Tribunal dismissed the landlord's claim for compensation for damage to the rental property, ruling that the damage was likely caused by vandalism and flooding during the COVID-19 lockdown and Cyclone Gabrielle.
📚 Full judgment Official document
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[2025] NZTT 5028268
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
2. The application is dismissed.
Reasons:
3. Both parties attended the hearing. The tenant attended in person and was assisted by a Niuean interpreter. The landlord attended by telephone.
4. The landlord has applied for compensation for damage. The landlord had applied for rent arrears, but that claim was withdrawn as no arrears were owing at the date of the hearing.
5. The hearing was adjourned from 27 March 2025 to enable the tenant to be represented and for an interpreter to attend the hearing.
6. At the hearing held on 13 May 2025 the tenant advised that he no longer sought representation.
7. The landlord produced photographs of the premises showing significant damage to the ceiling and walls in the premises and to some of the light switches and light fittings. The photographs show what looks like slashes, maybe caused by a machete, to the ceiling and walls.
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8. The landlord carried out repairs to the ceiling and light fixtures and the base boards outside the home. These repairs were carried out on 21 November 2023.
9. The tenant denies being responsible for the damage. He says that the premises were vandalised during the time when he was not living in the premises due to the COVID lockdown. He said that he was living with his daughter in Manurewa and at one stage he tried to return home to check on the premises but was stopped by the Police. He says that when he eventually returned the premises were damaged.
10. The tenant said that damage was also caused due to flooding caused by Cyclone Gabrielle in early 2023. The tenant’s evidence is that the premises flooded with water entering the house up to almost the top of the oven. He said that he advised the landlord of the damage caused by the flooding, but this is denied by the landlord.
11. I note that Auckland Council have recorded that there was major flooding of Harania Creek in Māngere East which is very close to the home and with the Auckland Council flood viewer identifying a flood plain, which is predicted to be covered by flood water during heavy rain, in the area behind the home.
12. Unfortunately, I did not have the benefit of communication reports from the landlord during this period.
13. The inspection report dated 26 July 2023 shows that there are holes in the ceiling from water leaks and the ceiling is bowing. The inspection report dated 16 August 2022 also show holes in the lounge ceiling from water leaks. The tenant said that he had asked the landlord to repair the ceiling because water and insulation were coming down.
14. The tenant says that the roof leaked in many places until the roof was completely replaced.
15. The inspection report dated 7 August 2024 shows that the ceiling in the living room has been replaced and plastered but not painted. There are numerous holes in the walls that haven’t been repaired as well as a hole in the bathroom ceiling around the extractor fan.
16. The inspection report dated 16 August 2022 records that the property is abandoned and that there is “…carving on edges of doors and walls and cuts and holes on walls in bedrooms and entire house”.
17. The tenant said that he told the landlord about the damage when he returned home. He said that they came to look at the damage but did not repair it. The tenant said that he had paid to repair the window and door because the glass had been smashed. The tenant said that some of the holes were created by contractors.
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18. In some of the photographs it shows that pictures have been placed over the holes to cover them up. The tenant said he did this because the landlord did not repair the holes.
19. The tenant said that recently he has paid to repair the holes in the walls that the landlord has not repaired. At the hearing the landlord said that it only fixed the holes where there was a concern about health and safety. The landlord considered the remaining damage to be minor.
20. At the hearing the tenant said that prior to this damage there had been no renovations to the premises since the time when [NAME] was Prime Minister of New Zealand, which was between 1997 and 1999, which is 26 to 28 years ago.
21. On the evidence produced it is not clear that the damage that the landlord is claiming for was caused by the tenant. There was damage to the ceiling from water ingress and it is more likely than not that much of the damage to the walls was caused when the tenant was not living at the premises.
22. As the tenant has succeeded in defending the landlord’s application I make an order suppressing his name.
[NAME] 13 May 2025
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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.
You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf
Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals
Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.
Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.
Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.
If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.
A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant was not living in the premises when much of the damage to the walls likely occurred.
- The premises experienced major flooding from a nearby creek during Cyclone Gabrielle.
- Inspection reports showed existing holes in the ceiling from water leaks before the landlord's claim.
- The landlord did not provide communication reports from the period when damage occurred.
❌ Tends to be rejected
- The landlord's claim for compensation for damage was dismissed.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal dismissed the landlord's claim for compensation for damage to the rental property.
What was the dispute about?
The dispute was about whether the tenant was responsible for significant damage to the ceiling and walls of the rental property.
How did the court decide, and why?
The court decided that the tenant was not responsible for the damage, as it was more likely caused by vandalism and flooding during the COVID-19 lockdown and Cyclone Gabrielle.
Which laws or rules were applied?
No specific laws or rules were cited in the judgment.
What was the argument that mattered most?
The tenant argued that the damage was caused by vandalism and flooding, not by him, and provided evidence of these external factors.
Was the decision for or against the person who brought the case?
The decision was against the landlord, who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation might not be held responsible for damage if they can prove that the damage was caused by external factors beyond their control.
What evidence or documents mattered?
Photographs of the damage, evidence of flooding, and inspection reports showing pre-existing damage were important pieces of evidence.