What was the outcome of Tenancy Tribunal case 4737231?

The tribunal order states: Benjamin Kameli Folima must pay Pukekohe Property Management Limited

How much money was awarded in case 4737231?

Cleaning: $543.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $425.50 awarded to landlord; Property Damage: $214.50 awarded to landlord; Property Damage: $432.34 awarded to landlord; Property Damage: $59.98 awarded to landlord; Replace Furnishings: Curtains/Blinds: $59.50 awarded to landlord; Rubbish Removal: $215.28 awarded to landlord; Water Rates: $94.53 awarded to landlord

What type of tenancy dispute was case 4737231?

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

Where can I read the official tribunal order for case 4737231?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10102447-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4737231?

The tribunal order states: Benjamin Kameli Folima must pay Pukekohe Property Management Limited

How much money was awarded in case 4737231?

Cleaning: $543.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $425.50 awarded to landlord; Property Damage: $214.50 awarded to landlord; Property Damage: $432.34 awarded to landlord; Property Damage: $59.98 awarded to landlord; Replace Furnishings: Curtains/Blinds: $59.50 awarded to landlord; Rubbish Removal: $215.28 awarded to landlord; Water Rates: $94.53 awarded to landlord

What type of tenancy dispute was case 4737231?

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

Where can I read the official tribunal order for case 4737231?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10102447-Tenancy_Tribunal_Order.pdf.

18A Birdwood Road, Pukekohe, Pukekohe 2120 Tenancy Tribunal Case 4737231 — Property damage

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18A Birdwood Road, Pukekohe, Pukekohe 2120 Tenancy Tribunal Case 4737231 — 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 4737231 — net $2,065.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$94.53	Water rates
Lock/key replacement	$214.50	Lock/key replacement
Window repairs	$432.34	Window repairs
Carpet Cleaning	$543.00	Carpet Cleaning
Pest control	$425.50	Pest control
Rubbish removal	$215.28	Rubbish removal
Replace furnishings: curtains/blinds	$59.50	Replace furnishings: curtains/blinds
Replacement of Chorus box power cable	$59.98	Replacement of Chorus box power cable
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,065.07
Total payable by Tenant to Landlord	$2,065.07

Claims and awards for application 4737231 — net $2,065.07 NZD. Verify on MoJ.

Water rates

Amount: $94.53
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $214.50
Awarded to: Landlord
Reason: Lock/key replacement

Window repairs

Amount: $432.34
Awarded to: Landlord
Reason: Window repairs

Carpet Cleaning

Amount: $543.00
Awarded to: Landlord
Reason: Carpet Cleaning

Pest control

Amount: $425.50
Awarded to: Landlord
Reason: Pest control

Rubbish removal

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Pest Control Property damage Rubbish Removal Water Rates

Order

Benjamin Kameli Folima must pay Pukekohe Property Management Limited Kerry Stevens $2,065.07 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing.
The landlord has applied for water rates, compensation, and reimbursement of the filing fee following the end of the tenancy.
The landlord provided water rates records which prove the amount 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The curtains were missing at the end of the tenancy. The landlord had replaced them with blinds. The Chorus box power cable was also missing, and the landlord had to replace it.
The amounts ordered are 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.
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 windows were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

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 4737231 — net $2,065.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$94.53	Water rates
Lock/key replacement	$214.50	Lock/key replacement
Window repairs	$432.34	Window repairs
Carpet Cleaning	$543.00	Carpet Cleaning
Pest control	$425.50	Pest control
Rubbish removal	$215.28	Rubbish removal
Replace furnishings: curtains/blinds	$59.50	Replace furnishings: curtains/blinds
Replacement of Chorus box power cable	$59.98	Replacement of Chorus box power cable
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,065.07
Total payable by Tenant to Landlord	$2,065.07

Claims and awards for application 4737231 — net $2,065.07 NZD. Verify on MoJ.

Water rates

Amount: $94.53
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $214.50
Awarded to: Landlord
Reason: Lock/key replacement

Window repairs

Amount: $432.34
Awarded to: Landlord
Reason: Window repairs

Carpet Cleaning

Amount: $543.00
Awarded to: Landlord
Reason: Carpet Cleaning

Pest control

Amount: $425.50
Awarded to: Landlord
Reason: Pest control

Rubbish removal

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Pest Control Property damage Rubbish Removal Water Rates

Order

Benjamin Kameli Folima must pay Pukekohe Property Management Limited Kerry Stevens $2,065.07 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing.
The landlord has applied for water rates, compensation, and reimbursement of the filing fee following the end of the tenancy.
The landlord provided water rates records which prove the amount 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The curtains were missing at the end of the tenancy. The landlord had replaced them with blinds. The Chorus box power cable was also missing, and the landlord had to replace it.
The amounts ordered are 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.
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 windows were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Tenancy Tribunal case 4737231 — Property damage at 18A Birdwood Road, Pukekohe, Pukekohe 2120

At a glance

Tenancy Tribunal case 4737231 — Property damage at 18A Birdwood Road, Pukekohe, Pukekohe 2120

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

Residential Tenancies Act sections

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

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions