What was the outcome of Tenancy Tribunal case 4863620?

The tribunal order states: Karameli Paulo, Manino Paulo, Noela Uini Paulo and Pese Uini Paulo must pay

How much money was awarded in case 4863620?

Cleaning: $270.00 awarded to landlord; Heat Pump Remote: $143.75 awarded to landlord; Pest Control: $149.50 awarded to landlord; Property Damage: $322.00 awarded to landlord; Rubbish Removal: $1,600.00 awarded to landlord

What type of tenancy dispute was case 4863620?

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

Where can I read the official tribunal order for case 4863620?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10750758-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4863620?

The tribunal order states: Karameli Paulo, Manino Paulo, Noela Uini Paulo and Pese Uini Paulo must pay

How much money was awarded in case 4863620?

Cleaning: $270.00 awarded to landlord; Heat Pump Remote: $143.75 awarded to landlord; Pest Control: $149.50 awarded to landlord; Property Damage: $322.00 awarded to landlord; Rubbish Removal: $1,600.00 awarded to landlord

What type of tenancy dispute was case 4863620?

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

Where can I read the official tribunal order for case 4863620?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10750758-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 3, 6 Clevedon Road, Papakura, Papakura Tenancy Tribunal Case 4863620 — Property damage

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Unit/Flat Flat 3, 6 Clevedon Road, Papakura, Papakura Tenancy Tribunal Case 4863620 — 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 4863620 — net $2,485.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$270.00	Carpet Cleaning
Pest control	$149.50	Pest control
Rubbish removal	$1,600.00	Rubbish removal
Window repairs	$322.00	Window repairs
Heat pump remote	$143.75	Heat pump remote
Net award	$2,485.25
Total payable by Tenant to Landlord	$2,485.25

Claims and awards for application 4863620 — net $2,485.25 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $270.00
Awarded to: Landlord
Reason: Carpet Cleaning

Pest control

Amount: $149.50
Awarded to: Landlord
Reason: Pest control

Rubbish removal

Amount: $1,600.00
Awarded to: Landlord
Reason: Rubbish removal

Window repairs

Amount: $322.00
Awarded to: Landlord
Reason: Window repairs

Heat pump remote

Amount: $143.75
Awarded to: Landlord
Reason: Heat pump remote

Claim types — money lines allowed on this order

Carpet Cleaning Pest Control Property damage Rubbish Removal

Order

Karameli Paulo, Manino Paulo, Noela Uini Paulo and Pese Uini Paulo must pay Pro Edge Property Management Limited - As Agent For Jaihariom Investments Ltd $2,485.25 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing by phone and the parties could not be contacted at the time of the hearing. I am satisfied the appropriate notice of the hearing had been given.
The landlord has applied for compensation and reimbursement of the filing fee following 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. There as a large volume of rubbish and abandoned goods to be removed.
The premises were heavily infested with cockroaches and required pest control treatment.
The following chattels were missing at the end of the tenancy: The remote for the heat pump.
The amounts ordered are proved.

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. See sections 40(2)(a), 41 and 49B RTA.
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 (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
The following damage was caused during the tenancy: There was a broken window at the front of the property. While I have no evidence to suggest this damage was caused intentionally, but more likely carelessly, the tenant is liable for the costs of repair. The tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Pro Edge Property Management Limited - As Agent For Jaihariom Investments Ltd has wholly succeeded with the claim I must reimburse 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 4863620 — net $2,485.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$270.00	Carpet Cleaning
Pest control	$149.50	Pest control
Rubbish removal	$1,600.00	Rubbish removal
Window repairs	$322.00	Window repairs
Heat pump remote	$143.75	Heat pump remote
Net award	$2,485.25
Total payable by Tenant to Landlord	$2,485.25

Claims and awards for application 4863620 — net $2,485.25 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $270.00
Awarded to: Landlord
Reason: Carpet Cleaning

Pest control

Amount: $149.50
Awarded to: Landlord
Reason: Pest control

Rubbish removal

Amount: $1,600.00
Awarded to: Landlord
Reason: Rubbish removal

Window repairs

Amount: $322.00
Awarded to: Landlord
Reason: Window repairs

Heat pump remote

Amount: $143.75
Awarded to: Landlord
Reason: Heat pump remote

Claim types — money lines allowed on this order

Carpet Cleaning Pest Control Property damage Rubbish Removal

Order

Karameli Paulo, Manino Paulo, Noela Uini Paulo and Pese Uini Paulo must pay Pro Edge Property Management Limited - As Agent For Jaihariom Investments Ltd $2,485.25 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing by phone and the parties could not be contacted at the time of the hearing. I am satisfied the appropriate notice of the hearing had been given.
The landlord has applied for compensation and reimbursement of the filing fee following 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. There as a large volume of rubbish and abandoned goods to be removed.
The premises were heavily infested with cockroaches and required pest control treatment.
The following chattels were missing at the end of the tenancy: The remote for the heat pump.
The amounts ordered are proved.

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. See sections 40(2)(a), 41 and 49B RTA.
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 (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
The following damage was caused during the tenancy: There was a broken window at the front of the property. While I have no evidence to suggest this damage was caused intentionally, but more likely carelessly, the tenant is liable for the costs of repair. The tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Pro Edge Property Management Limited - As Agent For Jaihariom Investments Ltd has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4863620 — Property damage at Unit/Flat Flat 3, 6 Clevedon Road, Papakura, Papakura

At a glance

Tenancy Tribunal case 4863620 — Property damage at Unit/Flat Flat 3, 6 Clevedon Road, Papakura, Papakura

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