What was the outcome of Tenancy Tribunal case 4816994?

The tribunal order states: Cindy Fialogo Afamasaga must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 4816994?

Pest Control: $1,034.19 awarded to landlord; Rent: $2,400.00 awarded to landlord; Rubbish Removal: $1,940.46 awarded to landlord

What type of tenancy dispute was case 4816994?

The dispute type was not classified.

Where can I read the official tribunal order for case 4816994?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10561144-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4816994?

The tribunal order states: Cindy Fialogo Afamasaga must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 4816994?

Pest Control: $1,034.19 awarded to landlord; Rent: $2,400.00 awarded to landlord; Rubbish Removal: $1,940.46 awarded to landlord

What type of tenancy dispute was case 4816994?

The dispute type was not classified.

Where can I read the official tribunal order for case 4816994?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10561144-Tenancy_Tribunal_Order.pdf.

110 Gadsby Road, Favona, Auckland 2024 Tenancy Tribunal Case 4816994 — Tenancy dispute

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110 Gadsby Road, Favona, Auckland 2024 Tenancy Tribunal Case 4816994 — Tenancy dispute | 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 4816994 — net $5,186.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 10 January 2024	$2,400.00	Rent to 10 January 2024
Repairs and pest control	$1,034.19	Repairs and pest control
Rubbish removal (internal and external	$1,940.46	Rubbish removal (internal and external
Net award	$5,186.65
Total payable by Tenant to Landlord	$5,186.65

Claims and awards for application 4816994 — net $5,186.65 NZD. Verify on MoJ.

Rent to 10 January 2024

Amount: $2,400.00
Awarded to: Landlord
Reason: Rent to 10 January 2024

Repairs and pest control

Amount: $1,034.19
Awarded to: Landlord
Reason: Repairs and pest control

Rubbish removal (internal and external

Amount: $1,940.46
Awarded to: Landlord
Reason: Rubbish removal (internal and external

Net award

Landlord $5,186.65

Total payable by Tenant to Landlord

Landlord $5,186.65

Claim types — money lines allowed on this order

Pest Control Rubbish Removal

Order

Cindy Fialogo Afamasaga must pay Kāinga Ora–Homes And Communities $5,186.65 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for rent arrears, compensation, and refund of the bond following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 10 January 2024 pursuant to an order of the Tribunal for abandonment. The landlord provided rent 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.
The tenant did not remove all rubbish. The landlord’s photographs seem to show that most of the contents of the house (save for lounge furniture) have been left behind. According to the work orders, there was 10 cubic meters of internal rubbish ($1,361.30). There was also some rubbish left outside totalling 8 cubic meters ($579.16).

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 careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks’ market rent (in this case $751.00 per week).
The inspection report of 13 April 2018 shows damage to the walls and the shower door, which together with pest control costs totalled $1,034.19 (which is less than 4 weeks’ market rent). 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 4816994 — net $5,186.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 10 January 2024	$2,400.00	Rent to 10 January 2024
Repairs and pest control	$1,034.19	Repairs and pest control
Rubbish removal (internal and external	$1,940.46	Rubbish removal (internal and external
Net award	$5,186.65
Total payable by Tenant to Landlord	$5,186.65

Claims and awards for application 4816994 — net $5,186.65 NZD. Verify on MoJ.

Rent to 10 January 2024

Amount: $2,400.00
Awarded to: Landlord
Reason: Rent to 10 January 2024

Repairs and pest control

Amount: $1,034.19
Awarded to: Landlord
Reason: Repairs and pest control

Rubbish removal (internal and external

Amount: $1,940.46
Awarded to: Landlord
Reason: Rubbish removal (internal and external

Net award

Landlord $5,186.65

Total payable by Tenant to Landlord

Landlord $5,186.65

Claim types — money lines allowed on this order

Pest Control Rubbish Removal

Order

Cindy Fialogo Afamasaga must pay Kāinga Ora–Homes And Communities $5,186.65 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for rent arrears, compensation, and refund of the bond following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 10 January 2024 pursuant to an order of the Tribunal for abandonment. The landlord provided rent 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.
The tenant did not remove all rubbish. The landlord’s photographs seem to show that most of the contents of the house (save for lounge furniture) have been left behind. According to the work orders, there was 10 cubic meters of internal rubbish ($1,361.30). There was also some rubbish left outside totalling 8 cubic meters ($579.16).

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 careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks’ market rent (in this case $751.00 per week).
The inspection report of 13 April 2018 shows damage to the walls and the shower door, which together with pest control costs totalled $1,034.19 (which is less than 4 weeks’ market rent). The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

Tenancy Tribunal case 4816994 — Tenancy dispute at 110 Gadsby Road, Favona, Auckland 2024

At a glance

Tenancy Tribunal case 4816994 — Tenancy dispute at 110 Gadsby Road, Favona, Auckland 2024

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Frequently asked questions