What was the outcome of Tenancy Tribunal case 4922573?

The tribunal order states: Penina Timoteo Isaako must pay Aam Capital Limited $9,435.25 immediately,

How much money was awarded in case 4922573?

Cleaning: $700.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Kitchen Vinyl: $4,243.50 awarded to landlord; Previous Order Application 4860764 D…: $2,099.72 awarded to landlord; Property Damage: $800.00 awarded to landlord; Property Damage: $344.00 awarded to landlord; Rent From 16 May 2024: $857.14 awarded to landlord; Rubbish Removal: $309.35 awarded to landlord; Water Rates: $61.10 awarded to landlord

What type of tenancy dispute was case 4922573?

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

Where can I read the official tribunal order for case 4922573?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10849913-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4922573?

The tribunal order states: Penina Timoteo Isaako must pay Aam Capital Limited $9,435.25 immediately,

How much money was awarded in case 4922573?

Cleaning: $700.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Kitchen Vinyl: $4,243.50 awarded to landlord; Previous Order Application 4860764 D…: $2,099.72 awarded to landlord; Property Damage: $800.00 awarded to landlord; Property Damage: $344.00 awarded to landlord; Rent From 16 May 2024: $857.14 awarded to landlord; Rubbish Removal: $309.35 awarded to landlord; Water Rates: $61.10 awarded to landlord

What type of tenancy dispute was case 4922573?

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

Where can I read the official tribunal order for case 4922573?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10849913-Tenancy_Tribunal_Order.pdf.

72 Maplesden Drive, Clendon Park, Auckland 2103 Tenancy Tribunal Case 4922573 — Property damage

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72 Maplesden Drive, Clendon Park, Auckland 2103 Tenancy Tribunal Case 4922573 — 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 4922573 — net $9,435.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent from 16 May 2024 to 23 May 2024	$857.14	Rent from 16 May 2024 to 23 May 2024
Previous order application 4860764 dated 15/05/2024	$2,099.72	Previous order application 4860764 dated 15/05/2024
Water rates	$61.10	Water rates
Replace carpet and vinyl	$4,243.50	Replace carpet and vinyl
Repairs to walls	$800.00	Repairs to walls
Cleaning	$700.00	Cleaning
Rubbish removal	$309.35	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Lock/key replacement	$344.00	Lock/key replacement
Net award	$9,435.25
Total payable by Tenant to Landlord	$9,435.25

Claims and awards for application 4922573 — net $9,435.25 NZD. Verify on MoJ.

Rent from 16 May 2024 to 23 May 2024

Amount: $857.14
Awarded to: Landlord
Reason: Rent from 16 May 2024 to 23 May 2024

Previous order application 4860764 dated 15/05/2024

Amount: $2,099.72
Awarded to: Landlord
Reason: Previous order application 4860764 dated 15/05/2024

Water rates

Amount: $61.10
Awarded to: Landlord
Reason: Water rates

Replace carpet and vinyl

Amount: $4,243.50
Awarded to: Landlord
Reason: Replace carpet and vinyl

Repairs to walls

Amount: $800.00
Awarded to: Landlord
Reason: Repairs to walls

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal Water Rates

Order

Penina Timoteo Isaako must pay Aam Capital Limited $9,435.25 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. The bond has already been refunded.
The Tribunal’s previous order in application 48607634 dated 15 May 2024 is incorporated into this order for ease of enforcement.

How much is owed for rent and water?

The tenancy ended on 24 May 2024 when the tenant was evicted by the bailiff. The Tribunal awarded rent to 15 May 2024. The landlord claims rent from 16 May to 23 May 2024 and confirms that the tenant did not pay the rent for this period (1 week and 1 day).
The landlord provided a water invoice supporting the claim for water ($82.42). I have adjusted the amount slightly as it included fixed charges of $21.32. Landlords are liable for fixed water charges. There was also a credit of $0.33 on the invoice.

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 premises were left in poor condition, especially the flooring. The tenant had a dog which had been allowed to toilet inside. I accept that general cleaning was required to remove the smell. A large amount of rubbish was left behind. The rubbish removal costs are reasonable.
The tenant did not return the keys. The locks had to be changed to secure the premises.

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.
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 landlord claimed $4,715.00 for replacement flooring. The carpets and vinyl were badly soiled at the end of the tenancy and had to be replaced. It has not been disproved that the damage was intentional. The carpet was about 2.5 years old. I have discounted the claim for replacement carpet slightly to take account of depreciation.
There were several holes in the walls which would have required force. I award the repair costs claimed. Filing fee
The landlord’s application has succeeded. The filing fee is awarded.

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 4922573 — net $9,435.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent from 16 May 2024 to 23 May 2024	$857.14	Rent from 16 May 2024 to 23 May 2024
Previous order application 4860764 dated 15/05/2024	$2,099.72	Previous order application 4860764 dated 15/05/2024
Water rates	$61.10	Water rates
Replace carpet and vinyl	$4,243.50	Replace carpet and vinyl
Repairs to walls	$800.00	Repairs to walls
Cleaning	$700.00	Cleaning
Rubbish removal	$309.35	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Lock/key replacement	$344.00	Lock/key replacement
Net award	$9,435.25
Total payable by Tenant to Landlord	$9,435.25

Claims and awards for application 4922573 — net $9,435.25 NZD. Verify on MoJ.

Rent from 16 May 2024 to 23 May 2024

Amount: $857.14
Awarded to: Landlord
Reason: Rent from 16 May 2024 to 23 May 2024

Previous order application 4860764 dated 15/05/2024

Amount: $2,099.72
Awarded to: Landlord
Reason: Previous order application 4860764 dated 15/05/2024

Water rates

Amount: $61.10
Awarded to: Landlord
Reason: Water rates

Replace carpet and vinyl

Amount: $4,243.50
Awarded to: Landlord
Reason: Replace carpet and vinyl

Repairs to walls

Amount: $800.00
Awarded to: Landlord
Reason: Repairs to walls

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal Water Rates

Order

Penina Timoteo Isaako must pay Aam Capital Limited $9,435.25 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. The bond has already been refunded.
The Tribunal’s previous order in application 48607634 dated 15 May 2024 is incorporated into this order for ease of enforcement.

How much is owed for rent and water?

The tenancy ended on 24 May 2024 when the tenant was evicted by the bailiff. The Tribunal awarded rent to 15 May 2024. The landlord claims rent from 16 May to 23 May 2024 and confirms that the tenant did not pay the rent for this period (1 week and 1 day).
The landlord provided a water invoice supporting the claim for water ($82.42). I have adjusted the amount slightly as it included fixed charges of $21.32. Landlords are liable for fixed water charges. There was also a credit of $0.33 on the invoice.

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 premises were left in poor condition, especially the flooring. The tenant had a dog which had been allowed to toilet inside. I accept that general cleaning was required to remove the smell. A large amount of rubbish was left behind. The rubbish removal costs are reasonable.
The tenant did not return the keys. The locks had to be changed to secure the premises.

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.
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 landlord claimed $4,715.00 for replacement flooring. The carpets and vinyl were badly soiled at the end of the tenancy and had to be replaced. It has not been disproved that the damage was intentional. The carpet was about 2.5 years old. I have discounted the claim for replacement carpet slightly to take account of depreciation.
There were several holes in the walls which would have required force. I award the repair costs claimed. Filing fee
The landlord’s application has succeeded. The filing fee is awarded.

Tenancy Tribunal case 4922573 — Property damage at 72 Maplesden Drive, Clendon Park, Auckland 2103

At a glance

Tenancy Tribunal case 4922573 — Property damage at 72 Maplesden Drive, Clendon Park, Auckland 2103

At a glance

Award balance

Claims & awards

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?

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

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?

Topics & place

Key findings

Property management

Frequently asked questions