What was the outcome of Tenancy Tribunal case 4905235?

The tribunal order states: Avinesh Singh must pay Krishneel Singh and Ranjita Prasad $3,661.92

How much money was awarded in case 4905235?

Cleaning: $287.50 awarded to landlord; Fiber Adapter: $53.90 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,670.00 awarded to landlord; Water Rates: $630.08 awarded to landlord

What type of tenancy dispute was case 4905235?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4905235?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10719594-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4905235?

The tribunal order states: Avinesh Singh must pay Krishneel Singh and Ranjita Prasad $3,661.92

How much money was awarded in case 4905235?

Cleaning: $287.50 awarded to landlord; Fiber Adapter: $53.90 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,670.00 awarded to landlord; Water Rates: $630.08 awarded to landlord

What type of tenancy dispute was case 4905235?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4905235?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10719594-Tribunal_Order.pdf.

8 Plunket Avenue, Papatoetoe, Auckland 2104 Tenancy Tribunal Case 4905235 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

8 Plunket Avenue, Papatoetoe, Auckland 2104 Tenancy Tribunal Case 4905235 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4905235 — net $3,661.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 May 2024	$2,670.00	4. The landlord has applied for rent arrears, water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
Water rates	$630.08	Water rates
Cleaning	$287.50	Cleaning
Fiber adapter	$53.90	Fiber adapter
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,661.92
Total payable by Tenant to Landlord	$3,661.92

Claims and awards for application 4905235 — net $3,661.92 NZD. Verify on MoJ.

Rent arrears to 28 May 2024

Amount: $2,670.00
Awarded to: Landlord
Reason: 4. The landlord has applied for rent arrears, water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

Water rates

Amount: $630.08
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $287.50
Awarded to: Landlord
Reason: Cleaning

Fiber adapter

Amount: $53.90
Awarded to: Landlord
Reason: Fiber adapter

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Dismissed claims

Property Damage

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Water Rates Exemplary damages

Order

This is an amended Order to reflect the deduction of the bond from the rent arrears. No further changes have been made to this Order.

Avinesh Singh must pay Krishneel Singh and Ranjita Prasad $3,661.92 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing by video. The Tenant requested an adjournment very late in the day, prior to the hearing. The request was not considered in time.
The reasons for the adjournment request was the Tenant wanted to consult his lawyer. Despite the Tribunal not granting this adjournment, the Tenant did not appear by video or answer the telephone calls made by the Tribunal.
As the Tenant did not appear by video or answer the phone and the adjournment was not granted, the hearing proceeded.
The landlord has applied for rent arrears, water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates arrears?

The tenancy ended on 28 May 2024. The Tenant vacated the property on 11 May 2024 but only gave the Landlord notice on that day, that they were moving out. The Landlord did not consent to terminating the tenancy on 11 May 2024. New tenants moved into the property on 29 May 2024. The landlord sought rent arrears up to the 28 May 2024. The landlord provided rent records and water rates invoices which prove the amount owing at 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, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and the Landlord submitted they had to clean the bathroom, kitchen surfaces, window sills and marks on the carpet. An invoice was provided to substantiate the cleaning.
The following chattels were missing at the end of the tenancy: fibre box adapter. This was removed from the property when the Tenant vacated. A receipt was provided for a replacement fibre box adapter.
The amounts ordered are proved. Exemplary damages
The landlord claims the tenant abandoned the premises.
A tenancy is abandoned where the tenant leaves the premises without reasonable excuse and fails to notify the landlord, not intending to return or to meet their obligations.
A tenant commits an unlawful act if they abandon the premises when the rent is in arrear. Exemplary damages may be awarded up to a maximum of $1,500.00. See section 61(5) and Schedule 1A Residential Tenancies Act 1986.
The tenant did notify the Landlord they were leaving on 11 May 2024 however they did not provide sufficient notice. I find they have not committed an unlawful act because they did notify the Landlord.
For these reasons, the claim for exemplary damages is dismissed.
As Krishneel Singh, Ranjita Prasad has substantially succeeded with the claim the Tenant must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4905235 — net $3,661.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 May 2024	$2,670.00	4. The landlord has applied for rent arrears, water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
Water rates	$630.08	Water rates
Cleaning	$287.50	Cleaning
Fiber adapter	$53.90	Fiber adapter
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,661.92
Total payable by Tenant to Landlord	$3,661.92

Claims and awards for application 4905235 — net $3,661.92 NZD. Verify on MoJ.

Rent arrears to 28 May 2024

Amount: $2,670.00
Awarded to: Landlord
Reason: 4. The landlord has applied for rent arrears, water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

Water rates

Amount: $630.08
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $287.50
Awarded to: Landlord
Reason: Cleaning

Fiber adapter

Amount: $53.90
Awarded to: Landlord
Reason: Fiber adapter

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Dismissed claims

Property Damage

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Water Rates Exemplary damages

Order

This is an amended Order to reflect the deduction of the bond from the rent arrears. No further changes have been made to this Order.

Avinesh Singh must pay Krishneel Singh and Ranjita Prasad $3,661.92 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing by video. The Tenant requested an adjournment very late in the day, prior to the hearing. The request was not considered in time.
The reasons for the adjournment request was the Tenant wanted to consult his lawyer. Despite the Tribunal not granting this adjournment, the Tenant did not appear by video or answer the telephone calls made by the Tribunal.
As the Tenant did not appear by video or answer the phone and the adjournment was not granted, the hearing proceeded.
The landlord has applied for rent arrears, water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates arrears?

The tenancy ended on 28 May 2024. The Tenant vacated the property on 11 May 2024 but only gave the Landlord notice on that day, that they were moving out. The Landlord did not consent to terminating the tenancy on 11 May 2024. New tenants moved into the property on 29 May 2024. The landlord sought rent arrears up to the 28 May 2024. The landlord provided rent records and water rates invoices which prove the amount owing at 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, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and the Landlord submitted they had to clean the bathroom, kitchen surfaces, window sills and marks on the carpet. An invoice was provided to substantiate the cleaning.
The following chattels were missing at the end of the tenancy: fibre box adapter. This was removed from the property when the Tenant vacated. A receipt was provided for a replacement fibre box adapter.
The amounts ordered are proved. Exemplary damages
The landlord claims the tenant abandoned the premises.
A tenancy is abandoned where the tenant leaves the premises without reasonable excuse and fails to notify the landlord, not intending to return or to meet their obligations.
A tenant commits an unlawful act if they abandon the premises when the rent is in arrear. Exemplary damages may be awarded up to a maximum of $1,500.00. See section 61(5) and Schedule 1A Residential Tenancies Act 1986.
The tenant did notify the Landlord they were leaving on 11 May 2024 however they did not provide sufficient notice. I find they have not committed an unlawful act because they did notify the Landlord.
For these reasons, the claim for exemplary damages is dismissed.
As Krishneel Singh, Ranjita Prasad has substantially succeeded with the claim the Tenant must reimburse the filing fee.

Tenancy Tribunal case 4905235 — Rent arrears at 8 Plunket Avenue, Papatoetoe, Auckland 2104

At a glance

Tenancy Tribunal case 4905235 — Rent arrears at 8 Plunket Avenue, Papatoetoe, Auckland 2104

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates arrears?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates arrears?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions