How much money was awarded in case 5155111?

Compensation: $10,516.28 awarded to landlord; Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5155111?

The dispute type was not classified.

Where can I read the official tribunal order for case 5155111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11655174-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5155111?

Compensation: $10,516.28 awarded to landlord; Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5155111?

The dispute type was not classified.

Where can I read the official tribunal order for case 5155111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11655174-Tribunal_Order_Redacted.pdf.

64 Kelvin Road, Papakura, Papakura 2110 Tenancy Tribunal Case 5155111 — Tenancy dispute

Q: What was Tenancy Tribunal case 5155111 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 5155111 — net $9,911.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Vacated compensation	$10,516.28	Vacated compensation
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,911.28
Total payable by Tenant to Landlord	$9,911.28

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

Kasilita Fifita and Damian Poto must pay [The landlord/s] $9,911.28 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $632.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord, a social housing provider, attended the hearing today. There was no appearance by the tenants. I note that the tenants provided the landlord with a forwarding address when they gave 28-days’ notice of termination of the tenancy on 1 November 2024.

The landlord applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Cleaning and Rubbish

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 had to hire a skip bin ($450.00 plus GST) and there were large items of furniture left behind, including a mattress and a trampoline. I award the rubbish removal costs claimed ($575.00 plus GST). The property required cleaning throughout, including to areas of the carpet that were not replaced ($640.00 plus GST).

The tenant returned the keys however, they had previously lost a set of keys and were provided with a new set. To ensure the property was secure, the landlord replaced the locks at the end of the tenancy. I award this cost ($391.50 plus GST).

Some door stoppers were missing at the end of the tenancy ($89.95 plus GST).

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.

Where the damage is careless and is not covered by the landlord's insurance, and if the tenant is paying an income-related rent, their liability for a careless act or omission is limited to 4 weeks market rent. The market rent was $680.00 per week. The landlord rents from the owner and sub-leases to tenants. The landlord does not hold insurance.

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.

Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty.

The premises were badly damaged. There was damage to multiple walls and internal doors, the window latches and drawer handles were broken ($4,528.33 plus GST in total) and the carpet was stained and had to be replaced in the lounge and dining room ($1,794.66 plus GST).

I have awarded the amounts itemised in the Actions Property Services invoices dated 28 November 2024 and 12 December 2024, less the following deductions: $168.58 for an oven switch (maintenance) $91.06 for a gang switch (maintenance) $569.38 for removal of graffiti from external cladding (not shown in the photographs) and $94.68 for repairs to a phone jack (not shown in the photographs).

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing Fee and Suppression

The landlord is awarded the filing fee and is granted name suppression as requested.

Claims and awards in Tenancy Tribunal application 5155111 — net $9,911.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Vacated compensation	$10,516.28	Vacated compensation
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,911.28
Total payable by Tenant to Landlord	$9,911.28

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Kasilita Fifita and Damian Poto must pay [The landlord/s] $9,911.28 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $632.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord, a social housing provider, attended the hearing today. There was no appearance by the tenants. I note that the tenants provided the landlord with a forwarding address when they gave 28-days’ notice of termination of the tenancy on 1 November 2024.
The landlord applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Cleaning and Rubbish
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 had to hire a skip bin ($450.00 plus GST) and there were large items of furniture left behind, including a mattress and a trampoline. I award the rubbish removal costs claimed ($575.00 plus GST). The property required cleaning throughout, including to areas of the carpet that were not replaced ($640.00 plus GST).
The tenant returned the keys however, they had previously lost a set of keys and were provided with a new set. To ensure the property was secure, the landlord replaced the locks at the end of the tenancy. I award this cost ($391.50 plus GST).
Some door stoppers were missing at the end of the tenancy ($89.95 plus GST).

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.
Where the damage is careless and is not covered by the landlord's insurance, and if the tenant is paying an income-related rent, their liability for a careless act or omission is limited to 4 weeks market rent. The market rent was $680.00 per week. The landlord rents from the owner and sub-leases to tenants. The landlord does not hold insurance.
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.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty.
The premises were badly damaged. There was damage to multiple walls and internal doors, the window latches and drawer handles were broken ($4,528.33 plus GST in total) and the carpet was stained and had to be replaced in the lounge and dining room ($1,794.66 plus GST).
I have awarded the amounts itemised in the Actions Property Services invoices dated 28 November 2024 and 12 December 2024, less the following deductions: $168.58 for an oven switch (maintenance) $91.06 for a gang switch (maintenance) $569.38 for removal of graffiti from external cladding (not shown in the photographs) and $94.68 for repairs to a phone jack (not shown in the photographs).
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing Fee and Suppression
The landlord is awarded the filing fee and is granted name suppression as requested.

Tenancy Tribunal case 5155111 — Tenancy dispute at 64 Kelvin Road, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 5155111 — Tenancy dispute at 64 Kelvin Road, Papakura, Papakura 2110

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Key findings

Frequently asked questions