How much money was awarded in case 4610070?

Filing Fee: $20.44 awarded to landlord; Property Damage: $4,550.00 awarded to landlord; Rent: $3,000.00 awarded to landlord; Board Up Broken Window: $149.49 awarded to landlord; Property Damage: $350.00 awarded to landlord; Water Charges To August 2023: $198.89 awarded to landlord

What type of tenancy dispute was case 4610070?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4610070?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9388692-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4610070?

Filing Fee: $20.44 awarded to landlord; Property Damage: $4,550.00 awarded to landlord; Rent: $3,000.00 awarded to landlord; Board Up Broken Window: $149.49 awarded to landlord; Property Damage: $350.00 awarded to landlord; Water Charges To August 2023: $198.89 awarded to landlord

What type of tenancy dispute was case 4610070?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4610070?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9388692-Tenancy_Tribunal_Order.pdf.

18A Birdwood Road, Pukekohe, Pukekohe 2120 Tenancy Tribunal Case 4610070 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4610070?

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

Order

Claims and awards in Tenancy Tribunal application 4610070 — net $6,188.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 10 September 2023	$3,000.00	Rent to 10 September 2023
Water charges to August 2023	$198.89	Water charges to August 2023
Replace furnishings: damaged stove	$350.00	Replace furnishings: damaged stove
Repairs: board up broken window	$149.49	Repairs: board up broken window
Repairs to walls	$4,550.00	Repairs to walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,188.82
Total payable by Tenant to Landlord	$6,188.82

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

The tenancy of Benjamin Folima at 18A Birdwood Road, Pukekohe, Pukekohe 2120 is terminated, and possession is granted to Pukekohe Property Management Limited T/As Quinovic Property Management Limited as Agent for Joanna & Liam Hey, at midnight on Sunday 10 September 2023.

The Bond Centre is to pay the bond of $2,080.00 (6408417-013) to Pukekohe Property Management Limited T/As Quinovic Property Management Limited as Agent for Joanna & Liam Hey immediately.

Benjamin Folima must pay Pukekohe Property Management Limited T/As Quinovic Property Management Limited as Agent for Joanna & Liam Hey $6,188.82 immediately (the debt) calculated as shown in the table below.

The tenant must pay the debt of $6,188.82 at the rate of $65.00 per week.

The first payment must be made on Monday 11 September 2023 and payments must continue every Monday until the debt is paid in full.

If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

The Bond Centre is to pay the bond of $2,080.00 (6408417-013) to Pukekohe Property Management Limited T/As Quinovic Property Management Limited as Agent for Joanna & Liam Hey immediately.

Reasons

Both parties attended the hearing today.

The landlord has applied for termination, rent arrears, outgoings, compensation, refund of the bond, and reimbursement of the filing fee.

The tenant accepted liability for the amounts claimed by the landlord at the hearing. Possession granted to landlord

The parties agreed that the tenancy is to end at midnight on Sunday 10 September 2023.

The rent arrears to the end of the tenancy are $3,000.00.

The landlord provided water invoices establishing the amount owing for water. Damage to the premises

The tenant accepted responsibility for the damage. The landlord claimed repair costs of $9,625.50 based on quotes obtained.

It seems likely that the slowly evolving damage (at the most recent inspection on 5 September 2023, a broken window was discovered which had to be boarded up) is due to overcrowding in the 3-bedroom premises, which is occupied by 6 children and 2 adults.

I find that the damage was caused carelessly by the tenant. The tenant is also liable for the actions of people at the premises with his permission, including his children.

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 in respect of each careless act or omission (section 49B of the Residential Tenancies Act 1986). The insurance excess is $650.00 and 4-weeks’ rent totals $2,200.00. The tenant’s liability is limited to the insurance excess. There is an email from insurers stating that the excess is applied on a room-by- room basis.

The wall damage affected 7 different rooms or areas of the property. I award the insurance excess of $550.00 in respect of each area. This results in a total award for wall repairs of $4,550.00.

The stove was damaged during the tenancy. The tenant has been contributing towards the cost of replacement. The sum of $350.00 is still due. Filing fee

The landlord’s application has been successful. I must award the filing fee.

Claims and awards in Tenancy Tribunal application 4610070 — net $6,188.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 10 September 2023	$3,000.00	Rent to 10 September 2023
Water charges to August 2023	$198.89	Water charges to August 2023
Replace furnishings: damaged stove	$350.00	Replace furnishings: damaged stove
Repairs: board up broken window	$149.49	Repairs: board up broken window
Repairs to walls	$4,550.00	Repairs to walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,188.82
Total payable by Tenant to Landlord	$6,188.82

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of Benjamin Folima at 18A Birdwood Road, Pukekohe, Pukekohe 2120 is terminated, and possession is granted to Pukekohe Property Management Limited T/As Quinovic Property Management Limited as Agent for Joanna & Liam Hey, at midnight on Sunday 10 September 2023.
The Bond Centre is to pay the bond of $2,080.00 (6408417-013) to Pukekohe Property Management Limited T/As Quinovic Property Management Limited as Agent for Joanna & Liam Hey immediately.
Benjamin Folima must pay Pukekohe Property Management Limited T/As Quinovic Property Management Limited as Agent for Joanna & Liam Hey $6,188.82 immediately (the debt) calculated as shown in the table below.
The tenant must pay the debt of $6,188.82 at the rate of $65.00 per week.
The first payment must be made on Monday 11 September 2023 and payments must continue every Monday until the debt is paid in full.
If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
The Bond Centre is to pay the bond of $2,080.00 (6408417-013) to Pukekohe Property Management Limited T/As Quinovic Property Management Limited as Agent for Joanna & Liam Hey immediately.

Reasons

Both parties attended the hearing today.
The landlord has applied for termination, rent arrears, outgoings, compensation, refund of the bond, and reimbursement of the filing fee.
The tenant accepted liability for the amounts claimed by the landlord at the hearing. Possession granted to landlord
The parties agreed that the tenancy is to end at midnight on Sunday 10 September 2023.
The rent arrears to the end of the tenancy are $3,000.00.
The landlord provided water invoices establishing the amount owing for water. Damage to the premises
The tenant accepted responsibility for the damage. The landlord claimed repair costs of $9,625.50 based on quotes obtained.
It seems likely that the slowly evolving damage (at the most recent inspection on 5 September 2023, a broken window was discovered which had to be boarded up) is due to overcrowding in the 3-bedroom premises, which is occupied by 6 children and 2 adults.
I find that the damage was caused carelessly by the tenant. The tenant is also liable for the actions of people at the premises with his permission, including his children.
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 in respect of each careless act or omission (section 49B of the Residential Tenancies Act 1986). The insurance excess is $650.00 and 4-weeks’ rent totals $2,200.00. The tenant’s liability is limited to the insurance excess. There is an email from insurers stating that the excess is applied on a room-by- room basis.
The wall damage affected 7 different rooms or areas of the property. I award the insurance excess of $550.00 in respect of each area. This results in a total award for wall repairs of $4,550.00.
The stove was damaged during the tenancy. The tenant has been contributing towards the cost of replacement. The sum of $350.00 is still due. Filing fee
The landlord’s application has been successful. I must award the filing fee.

Tenancy Tribunal case 4610070 — Property damage at 18A Birdwood Road, Pukekohe, Pukekohe 2120

At a glance

Tenancy Tribunal case 4610070 — Property damage at 18A Birdwood Road, Pukekohe, Pukekohe 2120

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions