How much money was awarded in case 4915954?

Filing Fee: $20.44 awarded to landlord; Lightbulbs: $12.58 awarded to landlord; Property Damage: $29.77 awarded to landlord; Rent Arrears: $2,362.85 awarded to landlord; Front Door Handle: $70.25 awarded to landlord; Garage Window: $299.00 awarded to landlord; Kitchen Tiles: $170.00 awarded to landlord; Paint 2 Bedrooms: $100.00 awarded to landlord; Replace Furnishings: Shower Curtain: $15.61 awarded to landlord; Water Rates: $392.03 awarded to landlord

What type of tenancy dispute was case 4915954?

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

Where can I read the official tribunal order for case 4915954?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11135994-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4915954?

Filing Fee: $20.44 awarded to landlord; Lightbulbs: $12.58 awarded to landlord; Property Damage: $29.77 awarded to landlord; Rent Arrears: $2,362.85 awarded to landlord; Front Door Handle: $70.25 awarded to landlord; Garage Window: $299.00 awarded to landlord; Kitchen Tiles: $170.00 awarded to landlord; Paint 2 Bedrooms: $100.00 awarded to landlord; Replace Furnishings: Shower Curtain: $15.61 awarded to landlord; Water Rates: $392.03 awarded to landlord

What type of tenancy dispute was case 4915954?

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

Where can I read the official tribunal order for case 4915954?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11135994-Tenancy_Tribunal_Order.pdf.

119 Preston Road, Otara, Auckland 2023 Tenancy Tribunal Case 4915954 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4915954?

The tribunal order states: Sivai Ferila Viliamu owes Sreedharan Desiaram $992.53 (“the debt”), calculated

Order

Claims and awards in Tenancy Tribunal application 4915954 — net $992.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,362.85	Rent arrears
Water rates	$392.03	Water rates
Repairs: front door handle	$70.25	Repairs: front door handle
Repairs: Garage window	$299.00	Repairs: Garage window
Light bulbs/batteries: replace 3 light bulbs	$12.58	Light bulbs/batteries: replace 3 light bulbs
Repairs: Kitchen tiles	$170.00	Repairs: Kitchen tiles
Replace furnishings: Shower curtain	$15.61	Replace furnishings: Shower curtain
Lock/key replacement: Back door key	$29.77	Lock/key replacement: Back door key
Repairs: Paint 2 bedrooms	$100.00	Repairs: Paint 2 bedrooms
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$992.53
Total payable by Tenant to Landlord	$992.53

Sivai Ferila Viliamu owes Sreedharan Desiaram $992.53 (“the debt”), calculated as shown in table below:

Sivai Ferila Viliamu has undertaken to make arrangements with Work and Income New Zealand (“WINZ”) to set up an automatic direct debit to Sreedharan Desiaram’s account to repay the deb in the 19 instalments set out in Order [1] above.

Sreedharan Desiaram must, within three working days of this Order, send Sivai Ferila Viliamu the number of the bank account he requires the debt repayments to be made into by WINZ and must obtain a confirmation of receipt of that account number from Sivai Ferila Viliamu.

If Sivai Ferila Viliamu fails to pay debt repayments within 2 working days of the due dates, the full amount of the remaining debt will fall due immediately.

The Bond Centre is to pay the bond of $2,480.00 (3362091-007) to Sreedharan Desiaram immediately.

Reasons

Both parties attended the hearing.

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 and water rates?

The tenancy ended on 27 May 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

The tenant has confirmed to me that she owes these amounts.

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 return the back door key and three light bulbs needed replacing.

The tenant took the shower curtain to wash and never returned it to the landlord.

The tenant stated that she had not broken the back door key in the lock and that she had never used the back door during her tenancy. She says she never raised the back door lock with the landlord, but the landlord has produced proof the back door locked worked when the tenancy commenced and that the tenant signed for that key.

On the balance of probabilities, I find the tenant did receive the back door key and is liable for the replacement cost sought by the landlord as she was not able to disprove his evidence that proves his claim.

The tenant also stated she had changed numerous light bulbs during her tenancy and was sick of doing so, so did not change the last three that were not working at the end of the tenancy. She accepted that she should have.

The amounts ordered are proved.

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. Front door handles broken; b. Garage window broken; c. Kitchen tiles damaged; and d. Walls in 2 bedrooms had holes and required repair and paint.

The damage is more than fair wear and tear, and the tenant accepted liability for the damage.

The amounts ordered are proved.

I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee

Because Sreedharan Desiaram has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4915954 — net $992.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,362.85	Rent arrears
Water rates	$392.03	Water rates
Repairs: front door handle	$70.25	Repairs: front door handle
Repairs: Garage window	$299.00	Repairs: Garage window
Light bulbs/batteries: replace 3 light bulbs	$12.58	Light bulbs/batteries: replace 3 light bulbs
Repairs: Kitchen tiles	$170.00	Repairs: Kitchen tiles
Replace furnishings: Shower curtain	$15.61	Replace furnishings: Shower curtain
Lock/key replacement: Back door key	$29.77	Lock/key replacement: Back door key
Repairs: Paint 2 bedrooms	$100.00	Repairs: Paint 2 bedrooms
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$992.53
Total payable by Tenant to Landlord	$992.53

Order

Sivai Ferila Viliamu owes Sreedharan Desiaram $992.53 (“the debt”), calculated as shown in table below:
Sivai Ferila Viliamu has undertaken to make arrangements with Work and Income New Zealand (“WINZ”) to set up an automatic direct debit to Sreedharan Desiaram’s account to repay the deb in the 19 instalments set out in Order [1] above.
Sreedharan Desiaram must, within three working days of this Order, send Sivai Ferila Viliamu the number of the bank account he requires the debt repayments to be made into by WINZ and must obtain a confirmation of receipt of that account number from Sivai Ferila Viliamu.
If Sivai Ferila Viliamu fails to pay debt repayments within 2 working days of the due dates, the full amount of the remaining debt will fall due immediately.
The Bond Centre is to pay the bond of $2,480.00 (3362091-007) to Sreedharan Desiaram immediately.

Reasons

Both parties attended the hearing.
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 and water rates?

The tenancy ended on 27 May 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The tenant has confirmed to me that she owes these amounts.

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 return the back door key and three light bulbs needed replacing.
The tenant took the shower curtain to wash and never returned it to the landlord.
The tenant stated that she had not broken the back door key in the lock and that she had never used the back door during her tenancy. She says she never raised the back door lock with the landlord, but the landlord has produced proof the back door locked worked when the tenancy commenced and that the tenant signed for that key.
On the balance of probabilities, I find the tenant did receive the back door key and is liable for the replacement cost sought by the landlord as she was not able to disprove his evidence that proves his claim.
The tenant also stated she had changed numerous light bulbs during her tenancy and was sick of doing so, so did not change the last three that were not working at the end of the tenancy. She accepted that she should have.
The amounts ordered are proved.

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. Front door handles broken; b. Garage window broken; c. Kitchen tiles damaged; and d. Walls in 2 bedrooms had holes and required repair and paint.
The damage is more than fair wear and tear, and the tenant accepted liability for the damage.
The amounts ordered are proved.
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee
Because Sreedharan Desiaram has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4915954 — Rent arrears at 119 Preston Road, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 4915954 — Rent arrears at 119 Preston Road, Otara, Auckland 2023

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

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

Frequently asked questions