How much money was awarded in case 4926895?

Filing Fee: $27.00 awarded to landlord; Property Damage: $1,430.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rent Arrears: $6,322.85 awarded to landlord; To Walls And Replace Heat Lamp: $402.50 awarded to landlord; Rubbish Removal: $477.58 awarded to landlord; Water Rates: $360.66 awarded to landlord

What type of tenancy dispute was case 4926895?

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

Where can I read the official tribunal order for case 4926895?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10923491-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4926895?

Filing Fee: $27.00 awarded to landlord; Property Damage: $1,430.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rent Arrears: $6,322.85 awarded to landlord; To Walls And Replace Heat Lamp: $402.50 awarded to landlord; Rubbish Removal: $477.58 awarded to landlord; Water Rates: $360.66 awarded to landlord

What type of tenancy dispute was case 4926895?

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

Where can I read the official tribunal order for case 4926895?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10923491-Tenancy_Tribunal_Order.pdf.

18B Putiputi Way, Papakura 2110 Tenancy Tribunal Case 4926895 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4926895?

The tribunal order states: Makanihi Tui Kitiseni must pay 360 Property Management Limited As Agent For

Order

Claims and awards in Tenancy Tribunal application 4926895 — net $6,960.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6/5/2024	$6,322.85	Rent arrears to 6/5/2024
Lock/key replacement: replace digital system	$1,430.00	Lock/key replacement: replace digital system
Water rates	$360.66	Water rates
Carpet replacement - insurance excess	$500.00	Carpet replacement - insurance excess
Repairs: to walls and replace heat lamp	$402.50	Repairs: to walls and replace heat lamp
Rubbish removal	$477.58	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,960.59
Total payable by Tenant to Landlord	$6,960.59

Makanihi Tui Kitiseni must pay 360 Property Management Limited As Agent For Rajit Dingar & Tanya Sabhani $6,960.59 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,560.00 (6479160-004) to 360 Property Management Limited As Agent For Rajit Dingar & Tanya Sabhani immediately.

Reasons

Only the applicant landlord attended the hearing. The tenant did not join the video meeting and did not answer multiple calls to her cell phone.

The landlord has applied for rent and water 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 6/5/2024. 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 did not remove all rubbish.

The tenant did not return the keys. The digital security system required replacement.

A heat lamp in the bathroom was missing at the end of the tenancy.

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 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.

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: the carpets were extensively stained and the carpet professionals advised replacement was needed. The damage is more than fair wear and tear, the tenancy agreement sets outs the landlord’s insurance excess. As the stains are likely to be caused by careless actions the tenant’s liability is limited to the insurance excess which is set out in the tenancy agreement disclosure (noting that even if the replacement cost had been awarded depreciation would have been applied to the amount awarded).

The walls were damaged, probably by children and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Because 360 Property Management Limited As Agent For Rajit Dingar & Tanya Sabhani has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4926895 — net $6,960.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6/5/2024	$6,322.85	Rent arrears to 6/5/2024
Lock/key replacement: replace digital system	$1,430.00	Lock/key replacement: replace digital system
Water rates	$360.66	Water rates
Carpet replacement - insurance excess	$500.00	Carpet replacement - insurance excess
Repairs: to walls and replace heat lamp	$402.50	Repairs: to walls and replace heat lamp
Rubbish removal	$477.58	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,960.59
Total payable by Tenant to Landlord	$6,960.59

Order

Makanihi Tui Kitiseni must pay 360 Property Management Limited As Agent For Rajit Dingar & Tanya Sabhani $6,960.59 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,560.00 (6479160-004) to 360 Property Management Limited As Agent For Rajit Dingar & Tanya Sabhani immediately.

Reasons

Only the applicant landlord attended the hearing. The tenant did not join the video meeting and did not answer multiple calls to her cell phone.
The landlord has applied for rent and water 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 6/5/2024. 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 did not remove all rubbish.
The tenant did not return the keys. The digital security system required replacement.
A heat lamp in the bathroom was missing at the end of the tenancy.
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 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.
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: the carpets were extensively stained and the carpet professionals advised replacement was needed. The damage is more than fair wear and tear, the tenancy agreement sets outs the landlord’s insurance excess. As the stains are likely to be caused by careless actions the tenant’s liability is limited to the insurance excess which is set out in the tenancy agreement disclosure (noting that even if the replacement cost had been awarded depreciation would have been applied to the amount awarded).
The walls were damaged, probably by children and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because 360 Property Management Limited As Agent For Rajit Dingar & Tanya Sabhani has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4926895 — Rent arrears at 18B Putiputi Way, Papakura 2110

At a glance

Tenancy Tribunal case 4926895 — Rent arrears at 18B Putiputi Way, Papakura 2110

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

Property management

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

Property management

Frequently asked questions