What was the outcome of Tenancy Tribunal case 4854687?

The tribunal order states: Kaycee Cushla Ashdown and Khan Uanuku Reihana must pay Sadat Taseen

How much money was awarded in case 4854687?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,836.75 awarded to landlord; Main Entrance Door: $575.00 awarded to landlord; Water Rates: $198.27 awarded to landlord

What type of tenancy dispute was case 4854687?

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

Where can I read the official tribunal order for case 4854687?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10733073-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4854687?

The tribunal order states: Kaycee Cushla Ashdown and Khan Uanuku Reihana must pay Sadat Taseen

How much money was awarded in case 4854687?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,836.75 awarded to landlord; Main Entrance Door: $575.00 awarded to landlord; Water Rates: $198.27 awarded to landlord

What type of tenancy dispute was case 4854687?

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

Where can I read the official tribunal order for case 4854687?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10733073-Tenancy_Tribunal_Order.pdf.

Unit/Flat C, 6 Sunlands Drive, Manurewa, Auckland 2102 Tenancy Tribunal Case 4854687 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4854687 — net $2,550.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 March 2024	$4,836.75	Rent arrears to 31 March 2024
Water rates	$198.27	Water rates
Repairs: main entrance door	$575.00	Repairs: main entrance door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,550.46
Total payable by Tenant to Landlord	$2,550.46

Kaycee Cushla Ashdown and Khan Uanuku Reihana must pay Sadat Taseen $2,550.46 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $3,080.00 (6514038-005) to Sadat Taseen immediately.

The landlord’s application for compensation to repair the garage door is dismissed.

Reasons

The landlord attended the hearing. The tenant did not.

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

The tenancy began on 4 October 2023. It was a fixed-term tenancy until 31 March 2024.

The tenancy ended on 31 March 2024, after the tenant gave notice to the landlord confirming they did not want to continue with the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 31 March 2024. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy. Rent arrears totalled $4,836.75 and outstanding water rates totalled $198.27.

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.

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: a. Damage to the door handle and lock of the main entrance door. b. Damage to the roller of the garage door.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord provided an invoice of $575.00 (including GST) for the cost to repair the main entrance door. The landlord’s claim for compensation for this amount is granted.

The landlord provided a text message from the person who fixed the garage door requesting payment of $345.00. The Tribunal allowed the landlord one working day to submit a proper invoice. The landlord did not. The landlord’s claim for compensation for $345.00 to repair the garage door is dismissed, as they have not proven the loss incurred.

In determining the amount ordered to repair the handle and lock of the main entrance door, I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Because Sadat Taseen has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4854687 — net $2,550.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 March 2024	$4,836.75	Rent arrears to 31 March 2024
Water rates	$198.27	Water rates
Repairs: main entrance door	$575.00	Repairs: main entrance door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,550.46
Total payable by Tenant to Landlord	$2,550.46

Order

Kaycee Cushla Ashdown and Khan Uanuku Reihana must pay Sadat Taseen $2,550.46 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,080.00 (6514038-005) to Sadat Taseen immediately.
The landlord’s application for compensation to repair the garage door is dismissed.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for rent arrears, water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy began on 4 October 2023. It was a fixed-term tenancy until 31 March 2024.
The tenancy ended on 31 March 2024, after the tenant gave notice to the landlord confirming they did not want to continue with the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 31 March 2024. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy. Rent arrears totalled $4,836.75 and outstanding water rates totalled $198.27.

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.
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: a. Damage to the door handle and lock of the main entrance door. b. Damage to the roller of the garage door.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided an invoice of $575.00 (including GST) for the cost to repair the main entrance door. The landlord’s claim for compensation for this amount is granted.
The landlord provided a text message from the person who fixed the garage door requesting payment of $345.00. The Tribunal allowed the landlord one working day to submit a proper invoice. The landlord did not. The landlord’s claim for compensation for $345.00 to repair the garage door is dismissed, as they have not proven the loss incurred.
In determining the amount ordered to repair the handle and lock of the main entrance door, I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because Sadat Taseen has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4854687 — Rent arrears at Unit/Flat C, 6 Sunlands Drive, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4854687 — Rent arrears at Unit/Flat C, 6 Sunlands Drive, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions