What was the outcome of Tenancy Tribunal case 5015628?

The tribunal order states: Rebecca Lirio, Alelie Lirio Maala, and Hermogenes Maala to pay Smart Realty

How much money was awarded in case 5015628?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $85.00 awarded to landlord; Pest Control: $207.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $350.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Replace Fibre Box Cable: $192.26 awarded to landlord; Replacing Kitchen Tap: $200.00 awarded to landlord

What type of tenancy dispute was case 5015628?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5015628?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11335086-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5015628?

The tribunal order states: Rebecca Lirio, Alelie Lirio Maala, and Hermogenes Maala to pay Smart Realty

How much money was awarded in case 5015628?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $85.00 awarded to landlord; Pest Control: $207.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $350.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Replace Fibre Box Cable: $192.26 awarded to landlord; Replacing Kitchen Tap: $200.00 awarded to landlord

What type of tenancy dispute was case 5015628?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5015628?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11335086-Tenancy_Tribunal_Order.pdf.

Flat 2, 30 Quebec Road, Milford, Auckland 0620 Tenancy Tribunal Case 5015628 — Property damage

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Flat 2, 30 Quebec Road, Milford, Auckland 0620 Tenancy Tribunal Case 5015628 — 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 5015628 — net $1,861.26 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairing garage door – insurance excess	$550.00	Repairing garage door – insurance excess
Wall repairs	$350.00	Wall repairs
Replace fibre box cable	$192.26	Replace fibre box cable
Pest control for fleas	$207.00	Pest control for fleas
Carpet damage - nominal damages	$250.00	Carpet damage - nominal damages
Replacing kitchen tap	$200.00	Replacing kitchen tap
Lawns and garden work	$85.00	Lawns and garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,861.26
Total payable by Tenant to Landlord	$1,861.26

Claims and awards for application 5015628 — net $1,861.26 NZD. Verify on MoJ.

Repairing garage door – insurance excess

Amount: $550.00
Awarded to: Landlord
Reason: Repairing garage door – insurance excess

Wall repairs

Amount: $350.00
Awarded to: Landlord
Reason: Wall repairs

Replace fibre box cable

Amount: $192.26
Awarded to: Landlord
Reason: Replace fibre box cable

Pest control for fleas

Amount: $207.00
Awarded to: Landlord
Reason: Pest control for fleas

Carpet damage - nominal damages

Amount: $250.00
Awarded to: Landlord
Reason: Carpet damage - nominal damages

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Pest Control Property damage

Order

Rebecca Lirio, Alelie Lirio Maala, and Hermogenes Maala to pay Smart Realty NZ Limited $1,861.26 from the bond, calculated as shown in table below.
The Tribunal directs the Bond Centre to pay the bond of $3,800.00 (5024685- 003) immediately apportioned as follows: Smart Realty NZ Limited: $1,861.26 Rebecca Lirio, Alelie Lirio Maala and Hermogenes Maala: $1,938.74

Reasons

The hearing was conducted remotely on Microsoft Teams.
Samantha Shen attended the hearing for the landlord by video link.
The tenants did not attend. The hearing proceeded in their absence.
The tenancy ended on 26 July 2024. The landlord seeks orders for compensation, reimbursement of the filing fee, and payment out of the bond.

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. 1
The tenant did not tidy the garden to a reasonable level of tidiness. The tenants had placed items on the grass that destroyed some of the lawn and weeds had overtaken some lavender planting. The tenants also left the premises with a flea problem, no doubt due to their pets.
The amounts ordered for lawns and garden work and for pest control are proved.

Is the tenant responsible for the damage to the premises?

The tenancy lasted for four years. At the end of the tenancy, the landlord found there was a dent in the garage doors. One of the bedrooms’ walls had been extensively damaged. The tenants appear to have attempted repairs, but further repairs and repainting were needed. The tenants had installed a water filter to the kitchen tap. However, when they removed their water filter they did not replace the tap head. The landlord had to replace the whole tap. The tenants left behind a gash in the stair carpet that was likely caused by a pet. The fibre box was damaged by having an internal cable pulled away.
The landlord provided images that prove the damage occurred during the tenancy and that the damage is more than fair wear and tear. 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e).
The tenants have not proved the damage did not occur carelessly or intentionally. Therefore, the tenants are liable for the cost of fixing the damage.
The garage door damage is covered by the landlord’s insurer, so the cost to the landlord is the insurance excess of $550.00. The costs of repairing the walls and the fibre box cable and replacing the kitchen tap are proved.
The landlord investigated repairing the carpet by transplanting some carpet from the wardrobe. However, it was a poor match, so no repair can be done economically. The Tribunal orders $250.00 in nominal damages for this breach.
The amounts ordered are proved. Filing fee
The tenants must reimburse the landlord for the filing fee because the landlord has wholly succeeded in its application. Bond
The Tribunal directs the Bond Centre to pay out the bond in accordance with this order.

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 5015628 — net $1,861.26 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairing garage door – insurance excess	$550.00	Repairing garage door – insurance excess
Wall repairs	$350.00	Wall repairs
Replace fibre box cable	$192.26	Replace fibre box cable
Pest control for fleas	$207.00	Pest control for fleas
Carpet damage - nominal damages	$250.00	Carpet damage - nominal damages
Replacing kitchen tap	$200.00	Replacing kitchen tap
Lawns and garden work	$85.00	Lawns and garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,861.26
Total payable by Tenant to Landlord	$1,861.26

Claims and awards for application 5015628 — net $1,861.26 NZD. Verify on MoJ.

Repairing garage door – insurance excess

Amount: $550.00
Awarded to: Landlord
Reason: Repairing garage door – insurance excess

Wall repairs

Amount: $350.00
Awarded to: Landlord
Reason: Wall repairs

Replace fibre box cable

Amount: $192.26
Awarded to: Landlord
Reason: Replace fibre box cable

Pest control for fleas

Amount: $207.00
Awarded to: Landlord
Reason: Pest control for fleas

Carpet damage - nominal damages

Amount: $250.00
Awarded to: Landlord
Reason: Carpet damage - nominal damages

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Pest Control Property damage

Order

Rebecca Lirio, Alelie Lirio Maala, and Hermogenes Maala to pay Smart Realty NZ Limited $1,861.26 from the bond, calculated as shown in table below.
The Tribunal directs the Bond Centre to pay the bond of $3,800.00 (5024685- 003) immediately apportioned as follows: Smart Realty NZ Limited: $1,861.26 Rebecca Lirio, Alelie Lirio Maala and Hermogenes Maala: $1,938.74

Reasons

The hearing was conducted remotely on Microsoft Teams.
Samantha Shen attended the hearing for the landlord by video link.
The tenants did not attend. The hearing proceeded in their absence.
The tenancy ended on 26 July 2024. The landlord seeks orders for compensation, reimbursement of the filing fee, and payment out of the bond.

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. 1
The tenant did not tidy the garden to a reasonable level of tidiness. The tenants had placed items on the grass that destroyed some of the lawn and weeds had overtaken some lavender planting. The tenants also left the premises with a flea problem, no doubt due to their pets.
The amounts ordered for lawns and garden work and for pest control are proved.

Is the tenant responsible for the damage to the premises?

The tenancy lasted for four years. At the end of the tenancy, the landlord found there was a dent in the garage doors. One of the bedrooms’ walls had been extensively damaged. The tenants appear to have attempted repairs, but further repairs and repainting were needed. The tenants had installed a water filter to the kitchen tap. However, when they removed their water filter they did not replace the tap head. The landlord had to replace the whole tap. The tenants left behind a gash in the stair carpet that was likely caused by a pet. The fibre box was damaged by having an internal cable pulled away.
The landlord provided images that prove the damage occurred during the tenancy and that the damage is more than fair wear and tear. 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e).
The tenants have not proved the damage did not occur carelessly or intentionally. Therefore, the tenants are liable for the cost of fixing the damage.
The garage door damage is covered by the landlord’s insurer, so the cost to the landlord is the insurance excess of $550.00. The costs of repairing the walls and the fibre box cable and replacing the kitchen tap are proved.
The landlord investigated repairing the carpet by transplanting some carpet from the wardrobe. However, it was a poor match, so no repair can be done economically. The Tribunal orders $250.00 in nominal damages for this breach.
The amounts ordered are proved. Filing fee
The tenants must reimburse the landlord for the filing fee because the landlord has wholly succeeded in its application. Bond
The Tribunal directs the Bond Centre to pay out the bond in accordance with this order.

Tenancy Tribunal case 5015628 — Property damage at Flat 2, 30 Quebec Road, Milford, Auckland 0620

At a glance

Tenancy Tribunal case 5015628 — Property damage at Flat 2, 30 Quebec Road, Milford, Auckland 0620

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