What was the outcome of Tenancy Tribunal case 4695469?

The tribunal order states: Nikosha Jamie Indy Clarke must pay Slpm Limited As Agent For Sudhir Sen

How much money was awarded in case 4695469?

Cleaning: $138.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $138.00 awarded to landlord; Property Damage: $327.00 awarded to landlord; Property Damage: $97.75 awarded to landlord; Rubbish Removal: $109.25 awarded to landlord; Storage And Removal: $115.00 awarded to landlord

What type of tenancy dispute was case 4695469?

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

Where can I read the official tribunal order for case 4695469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9687975-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4695469?

The tribunal order states: Nikosha Jamie Indy Clarke must pay Slpm Limited As Agent For Sudhir Sen

How much money was awarded in case 4695469?

Cleaning: $138.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $138.00 awarded to landlord; Property Damage: $327.00 awarded to landlord; Property Damage: $97.75 awarded to landlord; Rubbish Removal: $109.25 awarded to landlord; Storage And Removal: $115.00 awarded to landlord

What type of tenancy dispute was case 4695469?

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

Where can I read the official tribunal order for case 4695469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9687975-Tenancy_Tribunal_Order.pdf.

7B Clayton Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 4695469 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4695469 — net $945.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$327.00	Lock/key replacement
Cleaning	$138.00	Cleaning
Rubbish removal	$109.25	Rubbish removal
Lawns and Garden work	$138.00	Lawns and Garden work
Repairs	$97.75	Repairs
Storage and removal	$115.00	Storage and removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$945.44
Total payable by Tenant to Landlord	$945.44

Nikosha Jamie Indy Clarke must pay Slpm Limited As Agent For Sudhir Sen $945.44 immediately, calculated as shown in table below.

Slpm Limited As Agent For Sudhir Sen must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.

The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

The landlord attended this remote teleconference hearing.

Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given.

The landlord has applied for compensation and reimbursement of the filing fee following 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 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos of the premises and invoices in support of the claims for cleaning, rubbish removal, garden work, removal of goods and storage.

The tenant did not return the keys. An invoice from a locksmith was provided.

The amounts ordered are reasonable and are proven.

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.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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). See section 49B(3)(a) RTA. The amount of compensation claimed by the landlord is less than the insurance excess.

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). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.

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. See section 49B(1) RTA.

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. See Guo v Korck [2019] NZHC 1541.

The following damage was caused during the tenancy: damage to hinges, cabinet and kitchen tap. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.

The landlord has been unable to contact the tenant despite having sent emails, texts and phone calls.

It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.

As Slpm Limited As Agent For Sudhir Sen has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4695469 — net $945.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$327.00	Lock/key replacement
Cleaning	$138.00	Cleaning
Rubbish removal	$109.25	Rubbish removal
Lawns and Garden work	$138.00	Lawns and Garden work
Repairs	$97.75	Repairs
Storage and removal	$115.00	Storage and removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$945.44
Total payable by Tenant to Landlord	$945.44

Order

Nikosha Jamie Indy Clarke must pay Slpm Limited As Agent For Sudhir Sen $945.44 immediately, calculated as shown in table below.
Slpm Limited As Agent For Sudhir Sen must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

The landlord attended this remote teleconference hearing.
Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given.
The landlord has applied for compensation and reimbursement of the filing fee following 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 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos of the premises and invoices in support of the claims for cleaning, rubbish removal, garden work, removal of goods and storage.
The tenant did not return the keys. An invoice from a locksmith was provided.
The amounts ordered are reasonable and are proven.

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.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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). See section 49B(3)(a) RTA. The amount of compensation claimed by the landlord is less than the insurance excess.
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). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
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. See section 49B(1) RTA.
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. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: damage to hinges, cabinet and kitchen tap. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
The landlord has been unable to contact the tenant despite having sent emails, texts and phone calls.
It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.
As Slpm Limited As Agent For Sudhir Sen has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 4695469 — Property damage at 7B Clayton Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4695469 — Property damage at 7B Clayton Road, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Property management

Frequently asked questions