What was the outcome of Tenancy Tribunal case 4614119?

The tribunal order states: Faitala Leilua, Christina Leilua, Madison Leilua, Vaalele Robertson and Sam

How much money was awarded in case 4614119?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4614119?

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

Where can I read the official tribunal order for case 4614119?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9983350-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4614119?

The tribunal order states: Faitala Leilua, Christina Leilua, Madison Leilua, Vaalele Robertson and Sam

How much money was awarded in case 4614119?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4614119?

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

Where can I read the official tribunal order for case 4614119?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9983350-Tribunal_Order.pdf.

Unit/Flat 2, 134 Kimpton Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 4614119 — Property damage

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Unit/Flat 2, 134 Kimpton Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 4614119 — Property damage | TenantCheck

Order

Faitala Leilua, Christina Leilua, Madison Leilua, Vaalele Robertson and Sam Leapai must pay Milestone Rentals Limited - as Agent for Kimpton Road Limited $3,110.55 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $152.87 (6436242-008) to Milestone Rentals Limited - as Agent for Kimpton Road Limited immediately.

Reasons

The landlord attended the hearing today. Service of the application
The landlord’s application was filed on 24 June 2023, more than 2 months after the end of the tenancy on 5 April 2023. Section 91A(2) of the Residential Tenancies Act 1986 therefore applies.
The landlord told me the tenants were told that a tenancy application had been filed. There was correspondence with the tenants in September 2023 using the same email address that has been used to serve the application.
I direct that the application was served by email on 8 August 2023 and that this is likely to have bought the application to the tenants’ attention.
If the tenants consider that they have not had appropriate notice of the landlord’s application, and did not have an opportunity to be heard, they should file a rehearing application.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 5 April 2023, pursuant to an order of the Tribunal. The landlord provided rent records, water invoices and a summary of water charges which proves the amounts owing at the end of the tenancy.

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 and did not remove all rubbish. The bathrooms needed cleaning, including the toilet and cupboards. Some of the walls had marks. There were several large mattresses and a box full of belongings left behind.

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 insurance excess was $750.00. The weekly rent was $825.00. Insurers, I understand, treated every item of damage as a separate excess. Therefore, the tenants’ liability is limited to 4 weeks’ rent, i.e., $3,300.00 ($825.00 x 4 weeks).
There was damage to the bedroom walls and doors during the tenancy. The toilet seats were broken and had to be replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The repair costs claimed ($1,265.00) are less than 4 weeks’ rent. Filing fee
The landlord’s application has been successful. The filing fee must be awarded.

Order

Faitala Leilua, Christina Leilua, Madison Leilua, Vaalele Robertson and Sam Leapai must pay Milestone Rentals Limited - as Agent for Kimpton Road Limited $3,110.55 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $152.87 (6436242-008) to Milestone Rentals Limited - as Agent for Kimpton Road Limited immediately.

Reasons

The landlord attended the hearing today. Service of the application
The landlord’s application was filed on 24 June 2023, more than 2 months after the end of the tenancy on 5 April 2023. Section 91A(2) of the Residential Tenancies Act 1986 therefore applies.
The landlord told me the tenants were told that a tenancy application had been filed. There was correspondence with the tenants in September 2023 using the same email address that has been used to serve the application.
I direct that the application was served by email on 8 August 2023 and that this is likely to have bought the application to the tenants’ attention.
If the tenants consider that they have not had appropriate notice of the landlord’s application, and did not have an opportunity to be heard, they should file a rehearing application.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 5 April 2023, pursuant to an order of the Tribunal. The landlord provided rent records, water invoices and a summary of water charges which proves the amounts owing at the end of the tenancy.

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 and did not remove all rubbish. The bathrooms needed cleaning, including the toilet and cupboards. Some of the walls had marks. There were several large mattresses and a box full of belongings left behind.

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 insurance excess was $750.00. The weekly rent was $825.00. Insurers, I understand, treated every item of damage as a separate excess. Therefore, the tenants’ liability is limited to 4 weeks’ rent, i.e., $3,300.00 ($825.00 x 4 weeks).
There was damage to the bedroom walls and doors during the tenancy. The toilet seats were broken and had to be replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The repair costs claimed ($1,265.00) are less than 4 weeks’ rent. Filing fee
The landlord’s application has been successful. The filing fee must be awarded.

Tenancy Tribunal case 4614119 — Property damage at Unit/Flat 2, 134 Kimpton Road, Papatoetoe, Auckland 2025

Tenancy Tribunal case 4614119 — Property damage at Unit/Flat 2, 134 Kimpton Road, Papatoetoe, Auckland 2025

Order

Reasons

How much is owed for rent and water?

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

Is the tenant responsible for the damage to the premises?

Property management

Order

Reasons

How much is owed for rent and water?

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

Is the tenant responsible for the damage to the premises?

Property management