What was the outcome of Tenancy Tribunal case 5082868?

The tribunal order states: Lesieli Finau Vaomotou must pay Hoverd & Co Property Management Limited

How much money was awarded in case 5082868?

Cleaning: $172.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $459.02 awarded to landlord; Property Damage: $868.25 awarded to landlord; Rent: $1,092.86 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord; Rubbish Removal: $178.25 awarded to landlord; Water Charges To End Of Tenancy: $139.64 awarded to landlord

What type of tenancy dispute was case 5082868?

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

Where can I read the official tribunal order for case 5082868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11630731-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5082868?

The tribunal order states: Lesieli Finau Vaomotou must pay Hoverd & Co Property Management Limited

How much money was awarded in case 5082868?

Cleaning: $172.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $459.02 awarded to landlord; Property Damage: $868.25 awarded to landlord; Rent: $1,092.86 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord; Rubbish Removal: $178.25 awarded to landlord; Water Charges To End Of Tenancy: $139.64 awarded to landlord

What type of tenancy dispute was case 5082868?

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

Where can I read the official tribunal order for case 5082868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11630731-Tenancy_Tribunal_Order.pdf.

54 Cramond Drive, Mangere East, Auckland 2024 Tenancy Tribunal Case 5082868 — Property damage

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54 Cramond Drive, Mangere East, Auckland 2024 Tenancy Tribunal Case 5082868 — 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 5082868 — net $817.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 23 October 2024	$1,092.86	Rent to 23 October 2024
Water charges to end of tenancy	$139.64	Water charges to end of tenancy
Cleaning	$172.50	Cleaning
Rubbish removal (Pro Lawn invoice	$200.00	Rubbish removal (Pro Lawn invoice
Rubbish removal (Junk 2 Go	$178.25	Rubbish removal (Junk 2 Go
Window repairs (back door and front bedroom window	$459.02	Window repairs (back door and front bedroom window
Repairs to hallway, bedroom 2, bedroom 3, living room	$868.25	Repairs to hallway, bedroom 2, bedroom 3, living room
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$817.52
Total payable by Tenant to Landlord	$817.52

Claims and awards for application 5082868 — net $817.52 NZD. Verify on MoJ.

Rent to 23 October 2024

Amount: $1,092.86
Awarded to: Landlord
Reason: Rent to 23 October 2024

Water charges to end of tenancy

Amount: $139.64
Awarded to: Landlord
Reason: Water charges to end of tenancy

Cleaning

Amount: $172.50
Awarded to: Landlord
Reason: Cleaning

Rubbish removal (Pro Lawn invoice

Amount: $200.00
Awarded to: Landlord
Reason: Rubbish removal (Pro Lawn invoice

Rubbish removal (Junk 2 Go

Amount: $178.25
Awarded to: Landlord
Reason: Rubbish removal (Junk 2 Go

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Lesieli Finau Vaomotou must pay Hoverd & Co Property Management Limited as Agent for Atish & Jessica Sharma $817.52 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,320.00 (5130903-006) to Hoverd & Co Property Management Limited as Agent for Atish & Jessica Sharma immediately.

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 ended on 23 October 2024 pursuant to a 90-day termination notice (sale of the premises). The landlord provided a rent summary 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 rangehood and laundry floor needed cleaning. The amount claimed ($172.50) is reasonable for the cleaning required.
There was rubbish left outside. There is an email from the tenant stating that a supermarket trolley and a green mat shown in a photograph had been there since the start of the tenancy. The rubbish removal costs ($378.25) appear reasonable based on what can be seen in the photographs.

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.
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 several walls in the hallway, holes in the walls and door of bedroom 2, damage to the door of bedroom 3, and a dent in the living room wall (4 rooms).
There was also a broken window in the back door and a smashed bedroom window.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Applying the excess of $750.00 on a room-by-room basis, the tenant’s liability for careless damage would be limited to $750 x 4 ($3,000.00). The weekly rent was only $660.00, which limits the tenant’s liability to $660.00 x 4 ($2,640.00). The amount claimed for repairs is less than 4 weeks’ rent. Filing fee
The landlord’s application has been successful. I award 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 5082868 — net $817.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 23 October 2024	$1,092.86	Rent to 23 October 2024
Water charges to end of tenancy	$139.64	Water charges to end of tenancy
Cleaning	$172.50	Cleaning
Rubbish removal (Pro Lawn invoice	$200.00	Rubbish removal (Pro Lawn invoice
Rubbish removal (Junk 2 Go	$178.25	Rubbish removal (Junk 2 Go
Window repairs (back door and front bedroom window	$459.02	Window repairs (back door and front bedroom window
Repairs to hallway, bedroom 2, bedroom 3, living room	$868.25	Repairs to hallway, bedroom 2, bedroom 3, living room
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$817.52
Total payable by Tenant to Landlord	$817.52

Claims and awards for application 5082868 — net $817.52 NZD. Verify on MoJ.

Rent to 23 October 2024

Amount: $1,092.86
Awarded to: Landlord
Reason: Rent to 23 October 2024

Water charges to end of tenancy

Amount: $139.64
Awarded to: Landlord
Reason: Water charges to end of tenancy

Cleaning

Amount: $172.50
Awarded to: Landlord
Reason: Cleaning

Rubbish removal (Pro Lawn invoice

Amount: $200.00
Awarded to: Landlord
Reason: Rubbish removal (Pro Lawn invoice

Rubbish removal (Junk 2 Go

Amount: $178.25
Awarded to: Landlord
Reason: Rubbish removal (Junk 2 Go

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Lesieli Finau Vaomotou must pay Hoverd & Co Property Management Limited as Agent for Atish & Jessica Sharma $817.52 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,320.00 (5130903-006) to Hoverd & Co Property Management Limited as Agent for Atish & Jessica Sharma immediately.

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 ended on 23 October 2024 pursuant to a 90-day termination notice (sale of the premises). The landlord provided a rent summary 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 rangehood and laundry floor needed cleaning. The amount claimed ($172.50) is reasonable for the cleaning required.
There was rubbish left outside. There is an email from the tenant stating that a supermarket trolley and a green mat shown in a photograph had been there since the start of the tenancy. The rubbish removal costs ($378.25) appear reasonable based on what can be seen in the photographs.

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.
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 several walls in the hallway, holes in the walls and door of bedroom 2, damage to the door of bedroom 3, and a dent in the living room wall (4 rooms).
There was also a broken window in the back door and a smashed bedroom window.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Applying the excess of $750.00 on a room-by-room basis, the tenant’s liability for careless damage would be limited to $750 x 4 ($3,000.00). The weekly rent was only $660.00, which limits the tenant’s liability to $660.00 x 4 ($2,640.00). The amount claimed for repairs is less than 4 weeks’ rent. Filing fee
The landlord’s application has been successful. I award the filing fee.

Tenancy Tribunal case 5082868 — Property damage at 54 Cramond Drive, Mangere East, Auckland 2024

At a glance

Tenancy Tribunal case 5082868 — Property damage at 54 Cramond Drive, Mangere East, Auckland 2024

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

Property management

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

Property management

Frequently asked questions