What was the outcome of Tenancy Tribunal case 5047068?

The tribunal order states: Amanda Malaefou must pay SLPM Limited $5,814.50 immediately, calculated

How much money was awarded in case 5047068?

Filing Fee: $27.00 awarded to landlord; Property Damage: $650.00 awarded to landlord; Property Damage: $6,946.00 awarded to landlord; Property Damage: $591.50 awarded to landlord

What type of tenancy dispute was case 5047068?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5047068?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11800781-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5047068?

The tribunal order states: Amanda Malaefou must pay SLPM Limited $5,814.50 immediately, calculated

How much money was awarded in case 5047068?

Filing Fee: $27.00 awarded to landlord; Property Damage: $650.00 awarded to landlord; Property Damage: $6,946.00 awarded to landlord; Property Damage: $591.50 awarded to landlord

What type of tenancy dispute was case 5047068?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5047068?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11800781-Tenancy_Tribunal_Order.pdf.

7A Clayton Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 5047068 — Property damage

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7A Clayton Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 5047068 — 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 5047068 — net $5,814.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Loss of rent (insurance excess	$650.00	Loss of rent (insurance excess
Damage not covered by insurance	$6,946.00	Damage not covered by insurance
Remaining insurance excess for damage	$591.50	Remaining insurance excess for damage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,814.50
Total payable by Tenant to Landlord	$5,814.50

Claims and awards for application 5047068 — net $5,814.50 NZD. Verify on MoJ.

Loss of rent (insurance excess

Amount: $650.00
Awarded to: Landlord
Reason: Loss of rent (insurance excess

Damage not covered by insurance

Amount: $6,946.00
Awarded to: Landlord
Reason: Damage not covered by insurance

Remaining insurance excess for damage

Amount: $591.50
Awarded to: Landlord
Reason: Remaining insurance excess for damage

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $5,814.50

Total payable by Tenant to Landlord

Landlord $5,814.50

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Amanda Malaefou must pay SLPM Limited $5,814.50 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy on 4 September 2024. Rubbish Removal, Locks, Pest Control
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 property was left in a very untidy condition at the end of the tenancy. There was a considerable amount of rubbish and tenant belongings left behind ($3,910.00).
The tenant did not return the keys. The locks had to be changed to secure the premises ($517.50).
Pest control was needed because of the poor condition of the property ($529.00).
My understanding is that these claims have been met from payments received from the tenant.

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.
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. The insurance excess was $650.00. The weekly rent was also $650.00.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent ($2,600.00).
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. This applies to anything the tenant does and anything done by a person they are responsible for.
The premises were damaged during the tenancy. For example, there were broken windows, a damaged vanity, damaged kitchen cupboards and drawers, the carpets needed replacing, and there was damage to the walls.
Insurers paid $12,088.00 for the repairs. They applied 27 excesses of $650.00.
After giving credit for continuing rent payments made by the tenant, the landlord advised that $591.50 is claimed for unpaid insurance excesses i.e., where the cost of repair exceeded $650.00 (the landlord applied 14 excesses, so that the total uninsured loss was $9,100.00). The landlord also claimed $6,946.00 for damage to the windows, doors, vanity, and carpet. These items were either not covered by the insurance or the cost of repair was less than $650.00.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Loss of Rent
The condition of the property meant that it could not be re-let for 8 weeks. Insurers paid for the loss of rent apart from one week, being the insurance excess. I award $650.00 for the unpaid week. Filing Fee
The landlord is awarded 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 5047068 — net $5,814.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Loss of rent (insurance excess	$650.00	Loss of rent (insurance excess
Damage not covered by insurance	$6,946.00	Damage not covered by insurance
Remaining insurance excess for damage	$591.50	Remaining insurance excess for damage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,814.50
Total payable by Tenant to Landlord	$5,814.50

Claims and awards for application 5047068 — net $5,814.50 NZD. Verify on MoJ.

Loss of rent (insurance excess

Amount: $650.00
Awarded to: Landlord
Reason: Loss of rent (insurance excess

Damage not covered by insurance

Amount: $6,946.00
Awarded to: Landlord
Reason: Damage not covered by insurance

Remaining insurance excess for damage

Amount: $591.50
Awarded to: Landlord
Reason: Remaining insurance excess for damage

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $5,814.50

Total payable by Tenant to Landlord

Landlord $5,814.50

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Amanda Malaefou must pay SLPM Limited $5,814.50 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy on 4 September 2024. Rubbish Removal, Locks, Pest Control
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 property was left in a very untidy condition at the end of the tenancy. There was a considerable amount of rubbish and tenant belongings left behind ($3,910.00).
The tenant did not return the keys. The locks had to be changed to secure the premises ($517.50).
Pest control was needed because of the poor condition of the property ($529.00).
My understanding is that these claims have been met from payments received from the tenant.

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.
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. The insurance excess was $650.00. The weekly rent was also $650.00.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent ($2,600.00).
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. This applies to anything the tenant does and anything done by a person they are responsible for.
The premises were damaged during the tenancy. For example, there were broken windows, a damaged vanity, damaged kitchen cupboards and drawers, the carpets needed replacing, and there was damage to the walls.
Insurers paid $12,088.00 for the repairs. They applied 27 excesses of $650.00.
After giving credit for continuing rent payments made by the tenant, the landlord advised that $591.50 is claimed for unpaid insurance excesses i.e., where the cost of repair exceeded $650.00 (the landlord applied 14 excesses, so that the total uninsured loss was $9,100.00). The landlord also claimed $6,946.00 for damage to the windows, doors, vanity, and carpet. These items were either not covered by the insurance or the cost of repair was less than $650.00.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Loss of Rent
The condition of the property meant that it could not be re-let for 8 weeks. Insurers paid for the loss of rent apart from one week, being the insurance excess. I award $650.00 for the unpaid week. Filing Fee
The landlord is awarded the filing fee.

Tenancy Tribunal case 5047068 — Property damage at 7A Clayton Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5047068 — Property damage at 7A Clayton Road, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Key findings

Property management

Frequently asked questions