How much money was awarded in case 4978671?

Curtains And Blinds: $1,200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $1,322.50 awarded to landlord; Painting: $2,250.00 awarded to landlord; Pest Control: $172.50 awarded to landlord; Previous Order Application 488074 Da…: $1,978.77 awarded to landlord; Property Damage: $3,362.88 awarded to landlord; Property Damage: $800.00 awarded to landlord

What type of tenancy dispute was case 4978671?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4978671?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11854800-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4978671?

Curtains And Blinds: $1,200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $1,322.50 awarded to landlord; Painting: $2,250.00 awarded to landlord; Pest Control: $172.50 awarded to landlord; Previous Order Application 488074 Da…: $1,978.77 awarded to landlord; Property Damage: $3,362.88 awarded to landlord; Property Damage: $800.00 awarded to landlord

What type of tenancy dispute was case 4978671?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4978671?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11854800-Tribunal_Order_Redacted.pdf.

225A Puhinui Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 4978671 — Property damage

Q: What was Tenancy Tribunal case 4978671 about?

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

Order

Claims and awards in Tenancy Tribunal application 4978671 — net $11,113.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 488074 dated 30 July 2024	$1,978.77	Previous order application 488074 dated 30 July 2024
Pest control	$172.50	Pest control
Cleaning, rubbish removal and garden work	$1,322.50	Cleaning, rubbish removal and garden work
Curtains and blinds	$1,200.00	Curtains and blinds
Carpet replacement	$3,362.88	Carpet replacement
Painting	$2,250.00	Painting
Repairing drawers	$800.00	Repairing drawers
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$11,113.65
Total payable by Tenant to Landlord	$11,113.65

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

Seira Faamoe and Fualaau Niusila must pay [the landlord] $11,113.65 immediately, calculated as shown in the table below.

The landlord’s claims are otherwise dismissed.

Reasons

The hearing was conducted by telephone. Only the landlord’s agent attended. Calls to the tenants at the time of the hearing went straight to voicemail.

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

There was an order made previously for rent arrears and bond to be paid to the landlord and that order has been incorporated in this order for enforcement purposes. The Tenants’ Obligations

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish.

The tenant must does carelessly or intentionally damage 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 (or four weeks' market rent in the case of a tenant paying income-related rent).

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).

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. Claims and Awards

The premises were not left reasonably clean and tidy, and rubbish was not removed.

There was an infestation of cockroaches in the premises due to the lack of hygiene in the premises. I have therefore awarded the cost of pest control services as well as the cost of cleaning, rubbish removal and garden work.

There was damage to carpet, blinds and curtains, walls and drawers during the tenancy. Some curtains and blinds were missing at the end of the tenancy. Carpet throughout the premises was stained and had to be replaced. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.

Claims for damage to a window and a toilet said were not proved due to lack of evidence.

The amounts ordered were proved by the production of photographs and invoices and by evidence given by the landlord’s agent.

I have considered 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. In calculating depreciation, I have considered the age and condition of the damaged items at the start of the tenancy and their likely useful lifespan.

The curtains were new at the start of the tenancy in December 2022. The blinds were there when the landlord bought the premises in 2007. I have therefore reduced the award by approximately 20% from $1,552.50 to $1,200.

Carpet was three years old when it was installed at the start of the tenancy, and I have therefore reduced the award by 25% from $4483 to $3,362.88.

The premises were insured with an excess of $500. Insurance is not a consideration in this case because no single event of damage resulted in a cost to the landlord of more than $500.

The landlord has succeeded and so I awarded the filing fee and granted the landlord’s application for name suppression.

Claims and awards in Tenancy Tribunal application 4978671 — net $11,113.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 488074 dated 30 July 2024	$1,978.77	Previous order application 488074 dated 30 July 2024
Pest control	$172.50	Pest control
Cleaning, rubbish removal and garden work	$1,322.50	Cleaning, rubbish removal and garden work
Curtains and blinds	$1,200.00	Curtains and blinds
Carpet replacement	$3,362.88	Carpet replacement
Painting	$2,250.00	Painting
Repairing drawers	$800.00	Repairing drawers
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$11,113.65
Total payable by Tenant to Landlord	$11,113.65

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Seira Faamoe and Fualaau Niusila must pay [the landlord] $11,113.65 immediately, calculated as shown in the table below.
The landlord’s claims are otherwise dismissed.

Reasons

The hearing was conducted by telephone. Only the landlord’s agent attended. Calls to the tenants at the time of the hearing went straight to voicemail.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
There was an order made previously for rent arrears and bond to be paid to the landlord and that order has been incorporated in this order for enforcement purposes. The Tenants’ Obligations
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish.
The tenant must does carelessly or intentionally damage 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 (or four weeks' market rent in the case of a tenant paying income-related rent).
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).
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. Claims and Awards
The premises were not left reasonably clean and tidy, and rubbish was not removed.
There was an infestation of cockroaches in the premises due to the lack of hygiene in the premises. I have therefore awarded the cost of pest control services as well as the cost of cleaning, rubbish removal and garden work.
There was damage to carpet, blinds and curtains, walls and drawers during the tenancy. Some curtains and blinds were missing at the end of the tenancy. Carpet throughout the premises was stained and had to be replaced. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
Claims for damage to a window and a toilet said were not proved due to lack of evidence.
The amounts ordered were proved by the production of photographs and invoices and by evidence given by the landlord’s agent.
I have considered 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. In calculating depreciation, I have considered the age and condition of the damaged items at the start of the tenancy and their likely useful lifespan.
The curtains were new at the start of the tenancy in December 2022. The blinds were there when the landlord bought the premises in 2007. I have therefore reduced the award by approximately 20% from $1,552.50 to $1,200.
Carpet was three years old when it was installed at the start of the tenancy, and I have therefore reduced the award by 25% from $4483 to $3,362.88.
The premises were insured with an excess of $500. Insurance is not a consideration in this case because no single event of damage resulted in a cost to the landlord of more than $500.
The landlord has succeeded and so I awarded the filing fee and granted the landlord’s application for name suppression.

Tenancy Tribunal case 4978671 — Property damage at 225A Puhinui Road, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 4978671 — Property damage at 225A Puhinui Road, Papatoetoe, Auckland 2025

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions