What was the outcome of Tenancy Tribunal case 5039148?

The tribunal order states: Patricia Mailo and Villiamu Faapito must pay Barfoot & Thompson Limited as

How much money was awarded in case 5039148?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $515.00 awarded to landlord; Property Damage: $125.00 awarded to landlord; Remove Fence/Gate Installed By Tenan…: $595.00 awarded to landlord; Rent: $4,614.99 awarded to landlord; Rubbish Removal: $1,540.00 awarded to landlord; Walls and Doors: $1,665.00 awarded to landlord; Water Charges To End Of Tenancy: $207.76 awarded to landlord

What type of tenancy dispute was case 5039148?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5039148?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11040131-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5039148?

The tribunal order states: Patricia Mailo and Villiamu Faapito must pay Barfoot & Thompson Limited as

How much money was awarded in case 5039148?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $515.00 awarded to landlord; Property Damage: $125.00 awarded to landlord; Remove Fence/Gate Installed By Tenan…: $595.00 awarded to landlord; Rent: $4,614.99 awarded to landlord; Rubbish Removal: $1,540.00 awarded to landlord; Walls and Doors: $1,665.00 awarded to landlord; Water Charges To End Of Tenancy: $207.76 awarded to landlord

What type of tenancy dispute was case 5039148?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5039148?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11040131-Tenancy_Tribunal_Order.pdf.

39A Solveig Place, Randwick Park, Auckland 2105 Tenancy Tribunal Case 5039148 — Property damage

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39A Solveig Place, Randwick Park, Auckland 2105 Tenancy Tribunal Case 5039148 — 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 5039148 — net $9,289.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 30 September 2024	$4,614.99	Rent to 30 September 2024
Water charges to end of tenancy	$207.76	Water charges to end of tenancy
Repairs to walls and doors	$1,665.00	Repairs to walls and doors
Repairs to window handles	$125.00	Repairs to window handles
Rubbish removal	$1,540.00	Rubbish removal
Remove fence/gate installed by tenant	$595.00	Remove fence/gate installed by tenant
Lawns and Garden work	$515.00	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,289.75
Total payable by Tenant to Landlord	$9,289.75

Claims and awards for application 5039148 — net $9,289.75 NZD. Verify on MoJ.

Rent to 30 September 2024

Amount: $4,614.99
Awarded to: Landlord
Reason: Rent to 30 September 2024

Water charges to end of tenancy

Amount: $207.76
Awarded to: Landlord
Reason: Water charges to end of tenancy

Repairs to walls and doors

Amount: $1,665.00
Awarded to: Landlord
Reason: Repairs to walls and doors

Repairs to window handles

Amount: $125.00
Awarded to: Landlord
Reason: Repairs to window handles

Rubbish removal

Amount: $1,540.00
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

Patricia Mailo and Villiamu Faapito must pay Barfoot & Thompson Limited as Agent for Tay, David (Dsjj Investments Ltd) $9,289.75 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. Rent and Water
The tenancy ended on 30 September 2024. The landlord provided rent records and water invoices which prove the amount owing at the end of the tenancy. Rubbish Removal
At the end of the tenancy, the tenant must leave the premises reasonably clean and tidy and remove all rubbish.
The tenant did not remove all rubbish. The landlord’s photographs show a large quantity of rubbish left outside.
The grounds were overgrown but had also died back in other areas under the rubbish. The garden had to be remediated. Damage
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 four weeks' rent. I was told that there was no insurance that would cover the damage to the premises.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent. The weekly rent was $530.00. This means the tenant’s liability for each act or omission causing damage is $2,120.00.
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.
There was damage to the walls and doors of the 2-bedroom property. The tenant had tried to repair some of the damage, leaving patch marks. The landlord also had to remove fencing put up by the tenants for their dogs and to repair damage the fencing caused to the deck. There were broken window latches. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I have accounted for betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. I have discounted the cost of repairs to the walls and doors by 10%, as I understood there had been a level of renovation just prior to commencement of the tenancy in June 2022. Filing Fee
The landlord’s application has been successful. I award the filing fee.

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 5039148 — net $9,289.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 30 September 2024	$4,614.99	Rent to 30 September 2024
Water charges to end of tenancy	$207.76	Water charges to end of tenancy
Repairs to walls and doors	$1,665.00	Repairs to walls and doors
Repairs to window handles	$125.00	Repairs to window handles
Rubbish removal	$1,540.00	Rubbish removal
Remove fence/gate installed by tenant	$595.00	Remove fence/gate installed by tenant
Lawns and Garden work	$515.00	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,289.75
Total payable by Tenant to Landlord	$9,289.75

Claims and awards for application 5039148 — net $9,289.75 NZD. Verify on MoJ.

Rent to 30 September 2024

Amount: $4,614.99
Awarded to: Landlord
Reason: Rent to 30 September 2024

Water charges to end of tenancy

Amount: $207.76
Awarded to: Landlord
Reason: Water charges to end of tenancy

Repairs to walls and doors

Amount: $1,665.00
Awarded to: Landlord
Reason: Repairs to walls and doors

Repairs to window handles

Amount: $125.00
Awarded to: Landlord
Reason: Repairs to window handles

Rubbish removal

Amount: $1,540.00
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

Patricia Mailo and Villiamu Faapito must pay Barfoot & Thompson Limited as Agent for Tay, David (Dsjj Investments Ltd) $9,289.75 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. Rent and Water
The tenancy ended on 30 September 2024. The landlord provided rent records and water invoices which prove the amount owing at the end of the tenancy. Rubbish Removal
At the end of the tenancy, the tenant must leave the premises reasonably clean and tidy and remove all rubbish.
The tenant did not remove all rubbish. The landlord’s photographs show a large quantity of rubbish left outside.
The grounds were overgrown but had also died back in other areas under the rubbish. The garden had to be remediated. Damage
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 four weeks' rent. I was told that there was no insurance that would cover the damage to the premises.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent. The weekly rent was $530.00. This means the tenant’s liability for each act or omission causing damage is $2,120.00.
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.
There was damage to the walls and doors of the 2-bedroom property. The tenant had tried to repair some of the damage, leaving patch marks. The landlord also had to remove fencing put up by the tenants for their dogs and to repair damage the fencing caused to the deck. There were broken window latches. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I have accounted for betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. I have discounted the cost of repairs to the walls and doors by 10%, as I understood there had been a level of renovation just prior to commencement of the tenancy in June 2022. Filing Fee
The landlord’s application has been successful. I award the filing fee.

Tenancy Tribunal case 5039148 — Property damage at 39A Solveig Place, Randwick Park, Auckland 2105

At a glance

Tenancy Tribunal case 5039148 — Property damage at 39A Solveig Place, Randwick Park, Auckland 2105

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions