What was Tenancy Tribunal case 4498440 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4498440?

Application Fees: $20.44 awarded to landlord; Cleaning: $246.10 awarded to landlord; Cleaning: $1,092.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $280.00 awarded to landlord; Property Damage: $607.68 awarded to landlord; Property Damage: $2,106.80 awarded to landlord; Rent Arrears: $1,124.28 awarded to landlord; Water Rates: $846.56 awarded to landlord

What type of tenancy dispute was case 4498440?

The primary dispute was Property damage. Related themes: Cleanliness, Rent arrears.

Where can I read the official tribunal order for case 4498440?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9439140-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4498440 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4498440?

Application Fees: $20.44 awarded to landlord; Cleaning: $246.10 awarded to landlord; Cleaning: $1,092.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $280.00 awarded to landlord; Property Damage: $607.68 awarded to landlord; Property Damage: $2,106.80 awarded to landlord; Rent Arrears: $1,124.28 awarded to landlord; Water Rates: $846.56 awarded to landlord

What type of tenancy dispute was case 4498440?

The primary dispute was Property damage. Related themes: Cleanliness, Rent arrears.

Where can I read the official tribunal order for case 4498440?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9439140-Tribunal_Order_Redacted.pdf.

8 Pasla Close, Papakura, Papakura 2110 Tenancy Tribunal Case 4498440 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4498440 — net $3,824.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,124.28		Rent arrears
Water rates	$846.56		Water rates
application fees	$20.44		application fees
Lock/key replacement	$607.68		Lock/key replacement
Pest control	$280.00		Pest control
Repairs	$2,106.80		Repairs
Cleaning	$1,092.50		Cleaning
Carpet Cleaning	$246.10		Carpet Cleaning
Filing fee reimbursement	$20.44		Filing fee reimbursement
less bond already refunded		$2,520.00	less bond already refunded
Total award	$6,344.80	$2,520.00
Net award	$3,824.80
Total payable by Tenant to Landlord	$3,824.80

The landlord attended the hearing today. There was no appearance by the tenants.

The landlord has applied for rent arrears, outgoings, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 10 February 2023 when the tenants vacated. The landlord provided rent records and water invoices 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 leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord’s photographs show a need for cleaning in the kitchen and bathroom and to the carpets. The house had fleas at the end of the tenancy and the landlord had to arrange pest control before tradespersons would enter.

The tenant did not return the keys and garage remotes. They had to be replaced to make the property secure.

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. The insurance excess was $550.00, and the weekly rent was $640.00.

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.

There was damage to the walls in the hallway, stairs, and several bedrooms during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The tenant is liable for the cost of repair in full because each area or item of damage would likely have attracted the insurance excess. Because the property was brand new at the start of the tenancy, I make no allowance for depreciation.

The landlord incurred filing fees relating to a previous mediated order on 23 May 2022 (4339667) and a Tribunal order on 7 December 2022, both for rent and outgoings (4415700). The Tribunal order awarded the filing fee, but I understand this was not paid. I have consolidated the filing fee for application 4415700 in this order. The mediated order did not award the filing fee and the Tribunal does not have jurisdiction to unilaterally vary the terms of the settlement. Filing fee and name suppression

The landlord’s application has succeeded. The landlord is awarded the filing fee.

The landlord is granted suppression as requested.

Claims and awards in Tenancy Tribunal application 4498440 — net $3,824.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,124.28		Rent arrears
Water rates	$846.56		Water rates
application fees	$20.44		application fees
Lock/key replacement	$607.68		Lock/key replacement
Pest control	$280.00		Pest control
Repairs	$2,106.80		Repairs
Cleaning	$1,092.50		Cleaning
Carpet Cleaning	$246.10		Carpet Cleaning
Filing fee reimbursement	$20.44		Filing fee reimbursement
less bond already refunded		$2,520.00	less bond already refunded
Total award	$6,344.80	$2,520.00
Net award	$3,824.80
Total payable by Tenant to Landlord	$3,824.80

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Vulu Petelo and Diana Petelo must pay [The landlord/s] $3,824.80 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today. There was no appearance by the tenants.
The landlord has applied for rent arrears, outgoings, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 10 February 2023 when the tenants vacated. The landlord provided rent records and water invoices 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 leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord’s photographs show a need for cleaning in the kitchen and bathroom and to the carpets. The house had fleas at the end of the tenancy and the landlord had to arrange pest control before tradespersons would enter.
The tenant did not return the keys and garage remotes. They had to be replaced to make the property secure.

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. The insurance excess was $550.00, and the weekly rent was $640.00.
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.
There was damage to the walls in the hallway, stairs, and several bedrooms during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The tenant is liable for the cost of repair in full because each area or item of damage would likely have attracted the insurance excess. Because the property was brand new at the start of the tenancy, I make no allowance for depreciation.
The landlord incurred filing fees relating to a previous mediated order on 23 May 2022 (4339667) and a Tribunal order on 7 December 2022, both for rent and outgoings (4415700). The Tribunal order awarded the filing fee, but I understand this was not paid. I have consolidated the filing fee for application 4415700 in this order. The mediated order did not award the filing fee and the Tribunal does not have jurisdiction to unilaterally vary the terms of the settlement. Filing fee and name suppression
The landlord’s application has succeeded. The landlord is awarded the filing fee.
The landlord is granted suppression as requested.

Tenancy Tribunal case 4498440 — Property damage at 8 Pasla Close, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4498440 — Property damage at 8 Pasla Close, Papakura, Papakura 2110

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

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

Frequently asked questions