What was the outcome of Tenancy Tribunal case 4751450?

The tribunal order states: Arundeep Singh must pay Viaduct City Rentals Limited as agent for Hardik

How much money was awarded in case 4751450?

Cleaning: $400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting In Second Bedroom: $50.00 awarded to landlord; Property Damage: $881.25 awarded to landlord; Rent Arrears: $2,120.00 awarded to landlord; Rubbish Removal: $391.00 awarded to landlord

What type of tenancy dispute was case 4751450?

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

Where can I read the official tribunal order for case 4751450?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10108788-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4751450?

The tribunal order states: Arundeep Singh must pay Viaduct City Rentals Limited as agent for Hardik

How much money was awarded in case 4751450?

Cleaning: $400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting In Second Bedroom: $50.00 awarded to landlord; Property Damage: $881.25 awarded to landlord; Rent Arrears: $2,120.00 awarded to landlord; Rubbish Removal: $391.00 awarded to landlord

What type of tenancy dispute was case 4751450?

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

Where can I read the official tribunal order for case 4751450?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10108788-Tenancy_Tribunal_Order.pdf.

Unit/Flat 203, 53 Cook Street, Auckland Central, Auckland Tenancy Tribunal Case 4751450 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4751450 — net $1,922.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 October 2023	$2,120.00	Rent arrears to 25 October 2023
Carpet replacement (depreciated	$881.25	Carpet replacement (depreciated
Cleaning of apartment	$400.00	Cleaning of apartment
Rubbish removal and disposal	$391.00	Rubbish removal and disposal
Painting in second bedroom	$50.00	Painting in second bedroom
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,922.69
Total payable by Tenant to Landlord	$1,922.69

Arundeep Singh must pay Viaduct City Rentals Limited as agent for Hardik Ashvin & Pooja Thakar $1,922.69 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,940.00 (5541755-006) to Viaduct City Rentals Limited as agent for Hardik Ashvin & Pooja Thakar immediately.

Reasons

Only the landlord attended the hearing, represented by Ms Gang.

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 by mutual agreement and the tenant returned the key on 25 October 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy was $2,120.

I order payment of the arrears.

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, and did not remove all rubbish.

The landlord did not provide exit inspection photos but provided still images from an exit inspection video. The images show a huge amount of possessions and rubbish left behind but do not specifically show that the property was not left clean. I do however accept that surfaces would need to have been cleaned after all of the tenant’s belongings were removed.

For this reason I have reduced the amount sought for cleaning from $523.25 to $400.00. I have ordered the full amount of the rubbish removal invoice in the amount of $391.00 which I consider reasonable.

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. Carpet

Ms Gang explained that when she went to inspect the property the carpet smelt terrible, and although she aired the property for one week and had the carpet cleaned twice, the smell would not go away. I accept Ms Gang’s evidence regarding the carpet.

In the end the landlord decided that the only solution was to have the carpet replaced.

The cost of replacement was $2,350. In considering compensation I am required to consider depreciation. The Inland Revenue Department General Depreciation Rates as at October 2023 provide that carpet in a residential rental property has an estimated useful life of 8 years. The carpet therefore only had three more years of useful life. I therefore order compensation of $881.25. Painting

The landlord provided photos showing that there were numerous stickers on the wall of the second bedroom and when those stickers were removed some of the paint came away.

Ms Gang explained that the landlord had obtained a quote for painting which seemed too high and so purchased paint and materials themselves. The invoice from Bunnings for paint and materials was in the amount of $307.03. I note that this invoice is for approximately 14 litres of paint, and Ms Gang confirmed that the entire apartment was painted. In the circumstances I consider it appropriate to order $50.00 for painting. Lost rent

The landlord also claimed for five weeks lost rent because the property was painted and the carpet was replaced. However I consider that after an apartment tenancy of this length some refurbishment was likely required in any event, and I note that the landlord took the opportunity to paint the entire apartment following the tenancy. I therefore decline to make any award for lost rent. Filing fee and suppression

The landlord has been substantially successful and so is entitled to a refund of the filing fee. No orders were sought for name suppression.

Claims and awards in Tenancy Tribunal application 4751450 — net $1,922.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 October 2023	$2,120.00	Rent arrears to 25 October 2023
Carpet replacement (depreciated	$881.25	Carpet replacement (depreciated
Cleaning of apartment	$400.00	Cleaning of apartment
Rubbish removal and disposal	$391.00	Rubbish removal and disposal
Painting in second bedroom	$50.00	Painting in second bedroom
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,922.69
Total payable by Tenant to Landlord	$1,922.69

Order

Arundeep Singh must pay Viaduct City Rentals Limited as agent for Hardik Ashvin & Pooja Thakar $1,922.69 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,940.00 (5541755-006) to Viaduct City Rentals Limited as agent for Hardik Ashvin & Pooja Thakar immediately.

Reasons

Only the landlord attended the hearing, represented by Ms Gang.
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 by mutual agreement and the tenant returned the key on 25 October 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy was $2,120.
I order payment of the arrears.

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, and did not remove all rubbish.
The landlord did not provide exit inspection photos but provided still images from an exit inspection video. The images show a huge amount of possessions and rubbish left behind but do not specifically show that the property was not left clean. I do however accept that surfaces would need to have been cleaned after all of the tenant’s belongings were removed.
For this reason I have reduced the amount sought for cleaning from $523.25 to $400.00. I have ordered the full amount of the rubbish removal invoice in the amount of $391.00 which I consider reasonable.

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. Carpet
Ms Gang explained that when she went to inspect the property the carpet smelt terrible, and although she aired the property for one week and had the carpet cleaned twice, the smell would not go away. I accept Ms Gang’s evidence regarding the carpet.
In the end the landlord decided that the only solution was to have the carpet replaced.
The cost of replacement was $2,350. In considering compensation I am required to consider depreciation. The Inland Revenue Department General Depreciation Rates as at October 2023 provide that carpet in a residential rental property has an estimated useful life of 8 years. The carpet therefore only had three more years of useful life. I therefore order compensation of $881.25. Painting
The landlord provided photos showing that there were numerous stickers on the wall of the second bedroom and when those stickers were removed some of the paint came away.
Ms Gang explained that the landlord had obtained a quote for painting which seemed too high and so purchased paint and materials themselves. The invoice from Bunnings for paint and materials was in the amount of $307.03. I note that this invoice is for approximately 14 litres of paint, and Ms Gang confirmed that the entire apartment was painted. In the circumstances I consider it appropriate to order $50.00 for painting. Lost rent
The landlord also claimed for five weeks lost rent because the property was painted and the carpet was replaced. However I consider that after an apartment tenancy of this length some refurbishment was likely required in any event, and I note that the landlord took the opportunity to paint the entire apartment following the tenancy. I therefore decline to make any award for lost rent. Filing fee and suppression
The landlord has been substantially successful and so is entitled to a refund of the filing fee. No orders were sought for name suppression.

Tenancy Tribunal case 4751450 — Rent arrears at Unit/Flat 203, 53 Cook Street, Auckland Central, Auckland

At a glance

Tenancy Tribunal case 4751450 — Rent arrears at Unit/Flat 203, 53 Cook Street, Auckland Central, Auckland

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

Property management

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

Property management

Frequently asked questions