What was the outcome of Tenancy Tribunal case 4554509?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4554509?

Cleaning: $805.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $253.00 awarded to landlord; Property Damage: $316.00 awarded to landlord; Property Damage: $1,811.25 awarded to landlord; Rent: $7,242.86 awarded to landlord; Water Charges To End Of Tenancy: $1,118.98 awarded to landlord

What type of tenancy dispute was case 4554509?

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

Where can I read the official tribunal order for case 4554509?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9322419-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4554509?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4554509?

Cleaning: $805.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $253.00 awarded to landlord; Property Damage: $316.00 awarded to landlord; Property Damage: $1,811.25 awarded to landlord; Rent: $7,242.86 awarded to landlord; Water Charges To End Of Tenancy: $1,118.98 awarded to landlord

What type of tenancy dispute was case 4554509?

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

Where can I read the official tribunal order for case 4554509?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9322419-Tenancy_Tribunal_Order.pdf.

42 Tuhono Street, Manukau, Auckland 2104 Tenancy Tribunal Case 4554509 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4554509 — net $11,587.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 3 March 2023	$7,242.86	Rent to 3 March 2023
Lock/key replacement	$316.00	Lock/key replacement
Repairs to walls and window frames	$1,811.25	Repairs to walls and window frames
Lawns and Garden work	$253.00	Lawns and Garden work
Cleaning and carpet cleaning	$805.00	Cleaning and carpet cleaning
Water charges to end of tenancy	$1,118.98	Water charges to end of tenancy
Filing fee for application 4428541	$20.44	Filing fee for application 4428541
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,587.97
Total payable by Tenant to Landlord	$11,587.97

The landlord attended the hearing today.

The landlord has applied for rent arrears, outgoings, 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 Tribunal terminated the tenancy by order dated 2 February 2023 (application 4428541). The tenants remained at the property after termination and therefore continued to be liable for rent in accordance with the Residential Tenancies Act 1986. The tenants were evicted on 3 March 2023.

The landlord provided rent records and water invoices which prove the amount owing on 3 March 2023.

The landlord requested that the filing fee from the previous application be consolidated in this order for enforcement purposes.

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.

The tenant did not return the keys. The locks had to be changed to make the property secure.

The garden was overgrown at the end of the tenancy and needed tidying.

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. The insurance excess was $5,000.00, and 4 weeks of rent was $2,600.00 ($650.00 per week).

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 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.

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.

There was damage to the walls and a windowsill during the tenancy. The damage affected several bedrooms (where LED lighting had been taped to the walls) and there were several holes in the living room which the tenants had attempted to patch. The damage is not egregious, but it is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord claimed $2,012.50 to plaster and paint. The walls were brand new at the start of the tenancy, which ran for over 2 years (22 January 2021 to 3 March 2023). I have made a small adjustment for betterment. Eviction fee

The landlord claimed the $200.00 fee for the bailiff. In my view this is a cost of enforcing the previous Tribunal’s order.

Enforcement costs can be claimed as part of the enforcement process (see Rule

22 of the District Court Rules). The prescribed form of application for a warrant to recover land, for example, includes space for the application fee to be claimed as well as previous enforcement costs. Filing fee

The landlord’s application has succeeded. The filing fee must be awarded.

Claims and awards in Tenancy Tribunal application 4554509 — net $11,587.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 3 March 2023	$7,242.86	Rent to 3 March 2023
Lock/key replacement	$316.00	Lock/key replacement
Repairs to walls and window frames	$1,811.25	Repairs to walls and window frames
Lawns and Garden work	$253.00	Lawns and Garden work
Cleaning and carpet cleaning	$805.00	Cleaning and carpet cleaning
Water charges to end of tenancy	$1,118.98	Water charges to end of tenancy
Filing fee for application 4428541	$20.44	Filing fee for application 4428541
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,587.97
Total payable by Tenant to Landlord	$11,587.97

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Rinal Kumar and Ashika Kumar must pay Auckland Property Management Limited $11,587.97 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for rent arrears, outgoings, 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 Tribunal terminated the tenancy by order dated 2 February 2023 (application 4428541). The tenants remained at the property after termination and therefore continued to be liable for rent in accordance with the Residential Tenancies Act 1986. The tenants were evicted on 3 March 2023.
The landlord provided rent records and water invoices which prove the amount owing on 3 March 2023.
The landlord requested that the filing fee from the previous application be consolidated in this order for enforcement purposes.

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.
The tenant did not return the keys. The locks had to be changed to make the property secure.
The garden was overgrown at the end of the tenancy and needed tidying.

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. The insurance excess was $5,000.00, and 4 weeks of rent was $2,600.00 ($650.00 per week).
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 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.
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.
There was damage to the walls and a windowsill during the tenancy. The damage affected several bedrooms (where LED lighting had been taped to the walls) and there were several holes in the living room which the tenants had attempted to patch. The damage is not egregious, but it is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord claimed $2,012.50 to plaster and paint. The walls were brand new at the start of the tenancy, which ran for over 2 years (22 January 2021 to 3 March 2023). I have made a small adjustment for betterment. Eviction fee
The landlord claimed the $200.00 fee for the bailiff. In my view this is a cost of enforcing the previous Tribunal’s order.
Enforcement costs can be claimed as part of the enforcement process (see Rule
22 of the District Court Rules). The prescribed form of application for a warrant to recover land, for example, includes space for the application fee to be claimed as well as previous enforcement costs. Filing fee
The landlord’s application has succeeded. The filing fee must be awarded.

Tenancy Tribunal case 4554509 — Property damage at 42 Tuhono Street, Manukau, Auckland 2104

At a glance

Tenancy Tribunal case 4554509 — Property damage at 42 Tuhono Street, Manukau, Auckland 2104

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