What was the outcome of Tenancy Tribunal case 4864921?

The tribunal order states: Teresa E Dixon and Punai Terehia Tee Kati must pay Pro Edge Property

How much money was awarded in case 4864921?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4864921?

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

Where can I read the official tribunal order for case 4864921?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10729897-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4864921?

The tribunal order states: Teresa E Dixon and Punai Terehia Tee Kati must pay Pro Edge Property

How much money was awarded in case 4864921?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4864921?

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

Where can I read the official tribunal order for case 4864921?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10729897-Tenancy_Tribunal_Order.pdf.

Flat 2, 3 Secretariat Place, Randwick Park, Auckland 2105 Tenancy Tribunal Case 4864921 — Rent arrears

Order

Teresa E Dixon and Punai Terehia Tee Kati must pay Pro Edge Property Management Limited as agent for Ashneel Kumar Bhagat & Karishma Kaur S $746.89 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,720.00 (3120255-009) to Pro Edge Property Management Limited as agent for Ashneel Kumar Bhagat & Karishma Kaur S immediately. DescriptionLandlord Rent arrears to 18 March 2024$2,040.00 Water rates$103.95 Cleaning$345.00 Rubbish removal$230.00 Repairs to ceiling, walls, paintwork$690.00 Replace window handles$37.50 Filing fee reimbursement$20.44 Total award$3,466.89 Bond$2,720.00 Total tenants must pay the landlord$746.89

Reasons

Nikki Sahni attended the hearing for the landlord.
The tenants did not attend. The hearing proceeded in their absence.
The tenancy ended due to one of the tenants falling seriously ill.
The landlord has applied for rent and water arrears, compensation, reimbursement of the filing fee, and payment over of the bond following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 19 March 2024. The landlord provided rent and water records which prove the amounts owing at the end of the tenancy.
An order is made accordingly.

Did the tenants comply with their obligations at the end of the tenancy?

At the end of the tenancy, tenants must leave the premises reasonably clean and tidy and remove all rubbish.
The tenants moved out hurriedly due to one of them suddenly falling seriously ill.
Consequently, they did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord sought reimbursement for the cost of lawn mowing. However, the photographs show the lawns were mown.
The amounts ordered for cleaning and rubbish removal are proved.

Is the tenant responsible for the damage to the premises?

The landlord claims for damage to the walls, ceiling, and paintwork. During the tenancy, the lounge had dark paint accidentally spattered on its ceiling and walls. The bathroom wall was damaged by the door handle banging into it after the doorstop broke. The tenants seem to have made some picture-fastening holes that needed plastering. Some walls also had tape-marks that required sanding and painting. Two window handles were broken during the tenancy.
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. 1
The damage claimed for today is more than fair wear and tear. The damage occurred during the tenancy and the tenants have not disproved liability for the damage.
I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenants not breached their obligations and should not be better or worse off. Consequently, in calculating the amount to be ordered for the window handles, I have assessed the age and condition of the window handles at the start of the tenancy and their likely useful lifespan. As a result, the Tribunal makes an order for 50 percent of the cost of replacing the handles.
The amounts ordered are proved. Filing fee
The tenants must reimburse the landlord for the filing fee. Bond
The bond is to be release to the landlord in part-payment of the judgment debt.

Order

Teresa E Dixon and Punai Terehia Tee Kati must pay Pro Edge Property Management Limited as agent for Ashneel Kumar Bhagat & Karishma Kaur S $746.89 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,720.00 (3120255-009) to Pro Edge Property Management Limited as agent for Ashneel Kumar Bhagat & Karishma Kaur S immediately. DescriptionLandlord Rent arrears to 18 March 2024$2,040.00 Water rates$103.95 Cleaning$345.00 Rubbish removal$230.00 Repairs to ceiling, walls, paintwork$690.00 Replace window handles$37.50 Filing fee reimbursement$20.44 Total award$3,466.89 Bond$2,720.00 Total tenants must pay the landlord$746.89

Reasons

Nikki Sahni attended the hearing for the landlord.
The tenants did not attend. The hearing proceeded in their absence.
The tenancy ended due to one of the tenants falling seriously ill.
The landlord has applied for rent and water arrears, compensation, reimbursement of the filing fee, and payment over of the bond following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 19 March 2024. The landlord provided rent and water records which prove the amounts owing at the end of the tenancy.
An order is made accordingly.

Did the tenants comply with their obligations at the end of the tenancy?

At the end of the tenancy, tenants must leave the premises reasonably clean and tidy and remove all rubbish.
The tenants moved out hurriedly due to one of them suddenly falling seriously ill.
Consequently, they did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord sought reimbursement for the cost of lawn mowing. However, the photographs show the lawns were mown.
The amounts ordered for cleaning and rubbish removal are proved.

Is the tenant responsible for the damage to the premises?

The landlord claims for damage to the walls, ceiling, and paintwork. During the tenancy, the lounge had dark paint accidentally spattered on its ceiling and walls. The bathroom wall was damaged by the door handle banging into it after the doorstop broke. The tenants seem to have made some picture-fastening holes that needed plastering. Some walls also had tape-marks that required sanding and painting. Two window handles were broken during the tenancy.
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. 1
The damage claimed for today is more than fair wear and tear. The damage occurred during the tenancy and the tenants have not disproved liability for the damage.
I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenants not breached their obligations and should not be better or worse off. Consequently, in calculating the amount to be ordered for the window handles, I have assessed the age and condition of the window handles at the start of the tenancy and their likely useful lifespan. As a result, the Tribunal makes an order for 50 percent of the cost of replacing the handles.
The amounts ordered are proved. Filing fee
The tenants must reimburse the landlord for the filing fee. Bond
The bond is to be release to the landlord in part-payment of the judgment debt.

Tenancy Tribunal case 4864921 — Rent arrears at Flat 2, 3 Secretariat Place, Randwick Park, Auckland 2105

Tenancy Tribunal case 4864921 — Rent arrears at Flat 2, 3 Secretariat Place, Randwick Park, Auckland 2105

Order

Reasons

How much is owed for rent and water rates?

Did the tenants comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Property management

Order

Reasons

How much is owed for rent and water rates?

Did the tenants comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Property management