What was the outcome of Tenancy Tribunal case 4662689?

The tribunal order states: Shoaib Farooq to pay Darcy Kohitu Timu $1,070.44 from the bond, calculated

How much money was awarded in case 4662689?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,050.00 awarded to landlord

What type of tenancy dispute was case 4662689?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4662689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9970023-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4662689?

The tribunal order states: Shoaib Farooq to pay Darcy Kohitu Timu $1,070.44 from the bond, calculated

How much money was awarded in case 4662689?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,050.00 awarded to landlord

What type of tenancy dispute was case 4662689?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4662689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9970023-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4C, 147 Hobson Street, Auckland Central, Tenancy Tribunal Case 4662689 — Rent arrears

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Unit/Flat 4C, 147 Hobson Street, Auckland Central, Tenancy Tribunal Case 4662689 — Rent arrears | 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 4662689 — net $1,070.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to end of tenancy	$1,050.00	Rent arrears to end of tenancy
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,070.44
Total payable by Tenant to Landlord	$1,070.44

Claims and awards for application 4662689 — net $1,070.44 NZD. Verify on MoJ.

Rent arrears to end of tenancy

Amount: $1,050.00
Awarded to: Landlord
Reason: Rent arrears to end of tenancy

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,070.44

Total payable by Tenant to Landlord

Landlord $1,070.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Shoaib Farooq to pay Darcy Kohitu Timu $1,070.44 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,070.44 to Darcy Kohitu Timu immediately. The Bond Centre is to pay the bond of $249.56 to Shoaib Farooq immediately.

Reasons

The landlord Mr Darcy Timu attended the hearing. The tenant was attempted by phone twice with no response.
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?

The tenancy ended on 21 June 2023. The tenancy was over 2 years. The landlord provided rent records which prove the amount owing at the end of the tenancy being $1050.

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 landlord took over the property in December 2021. There were no pre tenancy reports. The landlord instructed an agent to take over at the end of the tenancy to assist with exit matters, however there was no further evidence of invoices or photographs provided.
On that basis, the Tribunal is not able to be satisfied of the claim for cleaning.

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.
The landlord claimed there was a broken tv, drawer and repairs required for a toilet.
Without a pre-tenancy report or further information about the items age and use, the Tribunal cannot be satisfied the damages are more than fair wear and tear.
The amounts ordered are proved.
Because Darcy Kohitu Timu has substantially succeeded with the claim I have reimbursed 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 4662689 — net $1,070.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to end of tenancy	$1,050.00	Rent arrears to end of tenancy
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,070.44
Total payable by Tenant to Landlord	$1,070.44

Claims and awards for application 4662689 — net $1,070.44 NZD. Verify on MoJ.

Rent arrears to end of tenancy

Amount: $1,050.00
Awarded to: Landlord
Reason: Rent arrears to end of tenancy

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,070.44

Total payable by Tenant to Landlord

Landlord $1,070.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Shoaib Farooq to pay Darcy Kohitu Timu $1,070.44 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,070.44 to Darcy Kohitu Timu immediately. The Bond Centre is to pay the bond of $249.56 to Shoaib Farooq immediately.

Reasons

The landlord Mr Darcy Timu attended the hearing. The tenant was attempted by phone twice with no response.
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?

The tenancy ended on 21 June 2023. The tenancy was over 2 years. The landlord provided rent records which prove the amount owing at the end of the tenancy being $1050.

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 landlord took over the property in December 2021. There were no pre tenancy reports. The landlord instructed an agent to take over at the end of the tenancy to assist with exit matters, however there was no further evidence of invoices or photographs provided.
On that basis, the Tribunal is not able to be satisfied of the claim for cleaning.

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.
The landlord claimed there was a broken tv, drawer and repairs required for a toilet.
Without a pre-tenancy report or further information about the items age and use, the Tribunal cannot be satisfied the damages are more than fair wear and tear.
The amounts ordered are proved.
Because Darcy Kohitu Timu has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4662689 — Rent arrears at Unit/Flat 4C, 147 Hobson Street, Auckland Central,

At a glance

Tenancy Tribunal case 4662689 — Rent arrears at Unit/Flat 4C, 147 Hobson Street, Auckland Central,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Frequently asked questions