What was the outcome of Tenancy Tribunal case 4701809?

The tribunal order states: Cusan Mere Hetaraka must pay The Rent House Limited As Agent For Gaurav

How much money was awarded in case 4701809?

Cleaning: $250.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Heat Pump Remote: $120.00 awarded to landlord; Property Damage: $383.02 awarded to landlord; Rent Arrears: $3,435.71 awarded to landlord; Holes In Wall And Door: $600.00 awarded to landlord; Rubbish Removal: $550.00 awarded to landlord; Water Rates: $198.19 awarded to landlord

What type of tenancy dispute was case 4701809?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 4701809?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9680979-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4701809?

The tribunal order states: Cusan Mere Hetaraka must pay The Rent House Limited As Agent For Gaurav

How much money was awarded in case 4701809?

Cleaning: $250.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Heat Pump Remote: $120.00 awarded to landlord; Property Damage: $383.02 awarded to landlord; Rent Arrears: $3,435.71 awarded to landlord; Holes In Wall And Door: $600.00 awarded to landlord; Rubbish Removal: $550.00 awarded to landlord; Water Rates: $198.19 awarded to landlord

What type of tenancy dispute was case 4701809?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 4701809?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9680979-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 5, 10 Rimu Street, New Lynn, Auckland 0600 Tenancy Tribunal Case 4701809 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4701809 — net $3,257.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,435.71	Rent arrears
Water rates	$198.19	Water rates
Lock/key replacement	$383.02	Lock/key replacement
Cleaning	$300.00	Cleaning
Carpet Cleaning	$250.00	Carpet Cleaning
Rubbish removal	$550.00	Rubbish removal
Heat pump remote	$120.00	Heat pump remote
Repairs: holes in wall and door	$600.00	Repairs: holes in wall and door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,257.36
Total payable by Tenant to Landlord	$3,257.36

Cusan Mere Hetaraka must pay The Rent House Limited As Agent For Gaurav Prinja And Geentanjali G $3,257.36 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,600.00 (6451628-002) to The Rent House Limited As Agent For Gaurav Prinja And Geentanjali G immediately.

All other applications are dismissed.

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. I am so satisfied.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The landlord application for termination of the tenancy was withdrawn as the tenancy has ended.

How much is owed for rent and water rates?

The tenancy ended on 2 November 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $3,435.71 for rent and $198.19 for water rates.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos of the condition of the premises at the end of the tenancy and invoices in support of the application. The premises were in a very poor state with substantial rubbish to be removed.

The carpets needed cleaning to bring them up to the required reasonably clean and tidy standard.

The tenant did not return the keys. An invoice was provided from the locksmith for the three doors.

The following chattel- heat pump remote was missing at the end of the tenancy.

The amounts ordered are reasonable and 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 landlord is insured. The policy of insurance has an excess of $400.00 on each and every claim.

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: Holes were left in the walls and a door. The landlord provided photos of the damage and invoices for the repair ($450.00) and the painting ($150.00). The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

As The Rent House Limited As Agent For Gaurav Prinja And Geentanjali G has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4701809 — net $3,257.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,435.71	Rent arrears
Water rates	$198.19	Water rates
Lock/key replacement	$383.02	Lock/key replacement
Cleaning	$300.00	Cleaning
Carpet Cleaning	$250.00	Carpet Cleaning
Rubbish removal	$550.00	Rubbish removal
Heat pump remote	$120.00	Heat pump remote
Repairs: holes in wall and door	$600.00	Repairs: holes in wall and door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,257.36
Total payable by Tenant to Landlord	$3,257.36

Order

Cusan Mere Hetaraka must pay The Rent House Limited As Agent For Gaurav Prinja And Geentanjali G $3,257.36 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (6451628-002) to The Rent House Limited As Agent For Gaurav Prinja And Geentanjali G immediately.
All other applications are dismissed.

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. I am so satisfied.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord application for termination of the tenancy was withdrawn as the tenancy has ended.

How much is owed for rent and water rates?

The tenancy ended on 2 November 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $3,435.71 for rent and $198.19 for water rates.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos of the condition of the premises at the end of the tenancy and invoices in support of the application. The premises were in a very poor state with substantial rubbish to be removed.
The carpets needed cleaning to bring them up to the required reasonably clean and tidy standard.
The tenant did not return the keys. An invoice was provided from the locksmith for the three doors.
The following chattel- heat pump remote was missing at the end of the tenancy.
The amounts ordered are reasonable and 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 landlord is insured. The policy of insurance has an excess of $400.00 on each and every claim.
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: Holes were left in the walls and a door. The landlord provided photos of the damage and invoices for the repair ($450.00) and the painting ($150.00). The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As The Rent House Limited As Agent For Gaurav Prinja And Geentanjali G has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 4701809 — Rent arrears at Unit/Flat Unit 5, 10 Rimu Street, New Lynn, Auckland 0600

At a glance

Tenancy Tribunal case 4701809 — Rent arrears at Unit/Flat Unit 5, 10 Rimu Street, New Lynn, Auckland 0600

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

How much is owed for rent and water rates?

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