What was Tenancy Tribunal case 4743369 about?

The tribunal order states: Malia Matiu Tovia must pay [The landlord/s] $7,411.97 immediately, calculated

How much money was awarded in case 4743369?

Broken Windows And Mow Lawns: $1,196.00 awarded to landlord; Cleaning: $672.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $517.50 awarded to landlord; Rent: $3,357.15 awarded to landlord; Replace Carpet In Bedroom And Lounge: $750.00 awarded to landlord; Rubbish Removal: $1,035.00 awarded to landlord; Walls and Doors: $1,081.00 awarded to landlord; Water Charges To End Of Tenancy: $222.13 awarded to landlord

What type of tenancy dispute was case 4743369?

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

Where can I read the official tribunal order for case 4743369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10393626-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4743369 about?

The tribunal order states: Malia Matiu Tovia must pay [The landlord/s] $7,411.97 immediately, calculated

How much money was awarded in case 4743369?

Broken Windows And Mow Lawns: $1,196.00 awarded to landlord; Cleaning: $672.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $517.50 awarded to landlord; Rent: $3,357.15 awarded to landlord; Replace Carpet In Bedroom And Lounge: $750.00 awarded to landlord; Rubbish Removal: $1,035.00 awarded to landlord; Walls and Doors: $1,081.00 awarded to landlord; Water Charges To End Of Tenancy: $222.13 awarded to landlord

What type of tenancy dispute was case 4743369?

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

Where can I read the official tribunal order for case 4743369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10393626-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4743369 — Property damage

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New Zealand Tenancy Tribunal Case 4743369 — 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 4743369 — net $7,411.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 4 December 2023	$3,357.15	Rent to 4 December 2023
Water charges to end of tenancy	$222.13	Water charges to end of tenancy
Repairs to walls and doors	$1,081.00	Repairs to walls and doors
Replace carpet in bedroom and lounge	$750.00	Replace carpet in bedroom and lounge
Rubbish removal	$1,035.00	Rubbish removal
Pest control	$517.50	Pest control
Broken windows and mow lawns	$1,196.00	Broken windows and mow lawns
Cleaning	$672.75	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,411.97
Total payable by Tenant to Landlord	$7,411.97

Claims and awards for application 4743369 — net $7,411.97 NZD. Verify on MoJ.

Rent to 4 December 2023

Amount: $3,357.15
Awarded to: Landlord
Reason: Rent to 4 December 2023

Water charges to end of tenancy

Amount: $222.13
Awarded to: Landlord
Reason: Water charges to end of tenancy

Repairs to walls and doors

Amount: $1,081.00
Awarded to: Landlord
Reason: Repairs to walls and doors

Replace carpet in bedroom and lounge

Amount: $750.00
Awarded to: Landlord
Reason: Replace carpet in bedroom and lounge

Rubbish removal

Amount: $1,035.00
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Cleanliness Filing Fee Pest Control Rubbish Removal Property damage

Order

Malia Matiu Tovia must pay [The landlord/s] $7,411.97 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy was terminated for abandonment on 20 December 2024 pursuant to a Tribunal order. 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. A lot of personal belongings and furniture were left behind. It would have been necessary to clean the premises throughout once rubbish had been removed.
Pest control was necessary following the end of the tenancy. The landlord believes the tenants had a dog at the premises, contrary to the tenancy agreement.
The lawns were badly overgrown at the end of the tenancy.

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 four weeks' rent. The insurance excess was $750.00. The weekly rent was $700.00.
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.
The front door and back doors were damaged and there was damage to the wall in the lounge. Two windows were broken in the dining room and a bedroom.
The landlord claimed $1,955.00 for carpet damage. The carpet was torn in bedroom 3 and in the lounge. The extent of the damage to the carpet in the bedroom, where the green underlay is visible, suggests that some of the damage to the carpet may have been intentional. On the other hand, the ingoing inspection report dated 7 December 2016 noted that the bedroom and lounge carpets had many stains. The lounge carpet was identified as having tears in various places. The beginning of the split in the carpet which is shown taped over in the exit inspection is visible in the ingoing report (photograph 379- lounge). I have awarded the insurance excess for the carpet damage given the issues with the carpet at the start of the tenancy.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee and name suppression
The landlord’s application has been successful. I must award the filing fee.
Suppression is granted to the landlord as requested.

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 4743369 — net $7,411.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 4 December 2023	$3,357.15	Rent to 4 December 2023
Water charges to end of tenancy	$222.13	Water charges to end of tenancy
Repairs to walls and doors	$1,081.00	Repairs to walls and doors
Replace carpet in bedroom and lounge	$750.00	Replace carpet in bedroom and lounge
Rubbish removal	$1,035.00	Rubbish removal
Pest control	$517.50	Pest control
Broken windows and mow lawns	$1,196.00	Broken windows and mow lawns
Cleaning	$672.75	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,411.97
Total payable by Tenant to Landlord	$7,411.97

Claims and awards for application 4743369 — net $7,411.97 NZD. Verify on MoJ.

Rent to 4 December 2023

Amount: $3,357.15
Awarded to: Landlord
Reason: Rent to 4 December 2023

Water charges to end of tenancy

Amount: $222.13
Awarded to: Landlord
Reason: Water charges to end of tenancy

Repairs to walls and doors

Amount: $1,081.00
Awarded to: Landlord
Reason: Repairs to walls and doors

Replace carpet in bedroom and lounge

Amount: $750.00
Awarded to: Landlord
Reason: Replace carpet in bedroom and lounge

Rubbish removal

Amount: $1,035.00
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Cleanliness Filing Fee Pest Control Rubbish Removal Property damage

Order

Malia Matiu Tovia must pay [The landlord/s] $7,411.97 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy was terminated for abandonment on 20 December 2024 pursuant to a Tribunal order. 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. A lot of personal belongings and furniture were left behind. It would have been necessary to clean the premises throughout once rubbish had been removed.
Pest control was necessary following the end of the tenancy. The landlord believes the tenants had a dog at the premises, contrary to the tenancy agreement.
The lawns were badly overgrown at the end of the tenancy.

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 four weeks' rent. The insurance excess was $750.00. The weekly rent was $700.00.
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.
The front door and back doors were damaged and there was damage to the wall in the lounge. Two windows were broken in the dining room and a bedroom.
The landlord claimed $1,955.00 for carpet damage. The carpet was torn in bedroom 3 and in the lounge. The extent of the damage to the carpet in the bedroom, where the green underlay is visible, suggests that some of the damage to the carpet may have been intentional. On the other hand, the ingoing inspection report dated 7 December 2016 noted that the bedroom and lounge carpets had many stains. The lounge carpet was identified as having tears in various places. The beginning of the split in the carpet which is shown taped over in the exit inspection is visible in the ingoing report (photograph 379- lounge). I have awarded the insurance excess for the carpet damage given the issues with the carpet at the start of the tenancy.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee and name suppression
The landlord’s application has been successful. I must award the filing fee.
Suppression is granted to the landlord as requested.

Tenancy Tribunal case 4743369 — Property damage

At a glance

Tenancy Tribunal case 4743369 — Property damage

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