What was the outcome of Tenancy Tribunal case 4520439?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4520439?

Cleaning: $517.50 awarded to landlord; Cleaning: $793.50 awarded to landlord; Property Damage: $1,840.00 awarded to landlord; Property Damage: $598.00 awarded to landlord

What type of tenancy dispute was case 4520439?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4520439?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9277429-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4520439?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4520439?

Cleaning: $517.50 awarded to landlord; Cleaning: $793.50 awarded to landlord; Property Damage: $1,840.00 awarded to landlord; Property Damage: $598.00 awarded to landlord

What type of tenancy dispute was case 4520439?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4520439?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9277429-Tribunal_Order.pdf.

8 Martin Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 4520439 — Property damage

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

8 Martin Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 4520439 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4520439 — net $3,408.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning and carpet Cleaning	$517.50	Cleaning and carpet Cleaning
Repairs to walls	$1,840.00	Repairs to walls
Repairs to door glass	$598.00	Repairs to door glass
Cleaning and replacement curtains	$793.50	Cleaning and replacement curtains
Net award	$3,408.24
Total payable by Tenant to Landlord	$3,408.24

Claims and awards for application 4520439 — net $3,408.24 NZD. Verify on MoJ.

Cleaning and carpet Cleaning

Amount: $517.50
Awarded to: Landlord
Reason: Cleaning and carpet Cleaning

Repairs to walls

Amount: $1,840.00
Awarded to: Landlord
Reason: Repairs to walls

Repairs to door glass

Amount: $598.00
Awarded to: Landlord
Reason: Repairs to door glass

Cleaning and replacement curtains

Amount: $793.50
Awarded to: Landlord
Reason: Cleaning and replacement curtains

Net award

Landlord $3,408.24

Total payable by Tenant to Landlord

Landlord $3,408.24

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Property damage

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Evelina Falefata Kivao Nofoituaiga Iupeli must pay Fair Rentals Limited $3,408.24 immediately, calculated as shown in the table below.
The Bond Centre is to pay the remaining bond of $340.76 (3435958-005) to Fair Rentals Limited immediately.

Reasons

The landlord attended the telephone hearing today. I was unable to reach the tenant on the number provided. The hearing was scheduled for hear the landlord’s remaining claims following the hearing on 25 July 2023.

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.
The tenant did not leave the premises reasonably clean and tidy. There were stains on the carpet in the lounge and bedroom 2. There was a need for some cleaning in the kitchen and bathroom. Several pairs of curtains were missing, and several pairs of curtains needed cleaning.

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.
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 4 weeks' rent. The landlord told me the insurance excess was $2,500.00. The weekly rent was $650.00.
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.
The front door glass was broken during the tenancy. There was also superficial damage on most of the internal walls apart from the bathroom and kitchen (there were drawings on some of the kitchen cupboards). The house required repainting throughout. I have adjusted the painting cost claimed for betterment (the tenancy ran for about 19 months). The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4520439 — net $3,408.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning and carpet Cleaning	$517.50	Cleaning and carpet Cleaning
Repairs to walls	$1,840.00	Repairs to walls
Repairs to door glass	$598.00	Repairs to door glass
Cleaning and replacement curtains	$793.50	Cleaning and replacement curtains
Net award	$3,408.24
Total payable by Tenant to Landlord	$3,408.24

Claims and awards for application 4520439 — net $3,408.24 NZD. Verify on MoJ.

Cleaning and carpet Cleaning

Amount: $517.50
Awarded to: Landlord
Reason: Cleaning and carpet Cleaning

Repairs to walls

Amount: $1,840.00
Awarded to: Landlord
Reason: Repairs to walls

Repairs to door glass

Amount: $598.00
Awarded to: Landlord
Reason: Repairs to door glass

Cleaning and replacement curtains

Amount: $793.50
Awarded to: Landlord
Reason: Cleaning and replacement curtains

Net award

Landlord $3,408.24

Total payable by Tenant to Landlord

Landlord $3,408.24

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Property damage

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Evelina Falefata Kivao Nofoituaiga Iupeli must pay Fair Rentals Limited $3,408.24 immediately, calculated as shown in the table below.
The Bond Centre is to pay the remaining bond of $340.76 (3435958-005) to Fair Rentals Limited immediately.

Reasons

The landlord attended the telephone hearing today. I was unable to reach the tenant on the number provided. The hearing was scheduled for hear the landlord’s remaining claims following the hearing on 25 July 2023.

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.
The tenant did not leave the premises reasonably clean and tidy. There were stains on the carpet in the lounge and bedroom 2. There was a need for some cleaning in the kitchen and bathroom. Several pairs of curtains were missing, and several pairs of curtains needed cleaning.

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.
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 4 weeks' rent. The landlord told me the insurance excess was $2,500.00. The weekly rent was $650.00.
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.
The front door glass was broken during the tenancy. There was also superficial damage on most of the internal walls apart from the bathroom and kitchen (there were drawings on some of the kitchen cupboards). The house required repainting throughout. I have adjusted the painting cost claimed for betterment (the tenancy ran for about 19 months). The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

Tenancy Tribunal case 4520439 — Property damage at 8 Martin Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4520439 — Property damage at 8 Martin Road, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Key findings

Property management

Frequently asked questions