What was the outcome of Tenancy Tribunal case 4942134?

The tribunal order states: Rebekah Anne Curle and Nilesh Jayantilal Patel must pay Sharmila Sharan on

How much money was awarded in case 4942134?

Filing Fee: $27.00 awarded to landlord; Property Damage: $2,000.00 awarded to landlord; Rent Arrears: $2,178.57 awarded to landlord; Rubbish Removal: $870.40 awarded to landlord; Water Rates: $153.77 awarded to landlord

What type of tenancy dispute was case 4942134?

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

Where can I read the official tribunal order for case 4942134?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10727879-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4942134?

The tribunal order states: Rebekah Anne Curle and Nilesh Jayantilal Patel must pay Sharmila Sharan on

How much money was awarded in case 4942134?

Filing Fee: $27.00 awarded to landlord; Property Damage: $2,000.00 awarded to landlord; Rent Arrears: $2,178.57 awarded to landlord; Rubbish Removal: $870.40 awarded to landlord; Water Rates: $153.77 awarded to landlord

What type of tenancy dispute was case 4942134?

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

Where can I read the official tribunal order for case 4942134?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10727879-Tenancy_Tribunal_Order.pdf.

647 Richardson Road, Mount Roskill, Auckland 1041 Tenancy Tribunal Case 4942134 — Rent arrears

Claims and awards in Tenancy Tribunal application 4942134 — net $4,404.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,178.57	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates	$153.77	Water rates
Insurance excess	$2,000.00	Insurance excess
Rubbish removal	$870.40	Rubbish removal
Net award	$4,404.74
Total payable by Tenant to Landlord	$4,404.74

Order

Rebekah Anne Curle and Nilesh Jayantilal Patel must pay Sharmila Sharan on behalf of M & S Sharan Family Trust $4,404.74 immediately, being rent arrears to 28 June 2024, insurance excesses, reimbursement of filing fee and rubbish removal, as calculated and set out below: DescriptionLandlord Rent arrears$2,178.57 Filing fee reimbursement$27.00 Water rates$153.77 Insurance excess$2,000.00 Rubbish removal$870.40 Total award$5,229.74 Minus Bond-$825.00 Total payable by Tenant to Landlord$4,404.74
The Bond Centre is to pay the bond of $825.00 (6296194-009) to Sharmila Sharan on behalf of M & S Sharan Family Trust immediately.

Reasons

The landlord attended the hearing, the tenants did not attend. The landlord has received an email from one of the tenants advising that she may not be able to attend the hearing today. The tenants were both sent a Notice of Hearing and clearly were aware of the hearing today. I am proceeding with the hearing in their absence.
The landlord has applied for rent arrears, water bills, 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 28 June 2024. The landlord provided rent records and water rates invoices which prove the amount of $2178.57 in rent arrears and $153.73 in water bills owing at the end of the tenancy.
I am satisfied that the landlord has proven her claim for rent arrears and water bills.

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 landlord has provided an exit report and photographs of the property at the end of the tenancy. The property was left in a very dirty condition with rubbish throughout the inside and outside.
The landlord provided 3 invoices for the removal of a flexibin left at the property, one from Bin Buddy and from a contractor employed to clean up the rubbish.
I am satisfied that the landlord has proven their claim for $870.40 for rubbish removal.
As a result of the serious damage caused to this property the landlord has had to embark on extensive repairs.

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: -The carpet and vinyl were destroyed and had to be replaced. -Holes in the walls throughout the house. -Lounge door hanging off its hinges. -Bathroom vanity had been damaged and the pipes were broken. The inside of the vanity was irreparable, due to water damage. -Curtains were heavily stained with an unknown substance. -Laundry tub was coated in a concrete-like substances.
The landlord provided photos of the property before the tenancy commenced. The pre-let photos show a very well-presented property. At the end of the tenancy the property had been seriously damaged and in need of repairs in excess of $100,000.00. The landlord made a claim to their insurance company, which was accepted.
The landlord is seeking the cost of the insurance excesses which totals $2000.00. There were 3 excess payments of $250.00 each for the destroyed carpet in the lounge and two bedrooms, two excess payments for the vinyl in the kitchen, laundry and hallway, $250 each for the replacement of the vanity, laundry tub and lounge door.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord provided a quote for the cost of the replacement curtains. Unfortunately, the Tribunal cannot award costs for quotes as this is not an actual cost yet to the landlord. The landlord can reapply to the Tribunal for the cost of the curtains once they have been replaced. I am not considering the claim for the curtains.
The bond is to be refunded to the landlord immediately from the bond centre to offset the debt owed to the landlord by the tenants.
Because Sharmila Sharan on behalf of M & S Sharan Family Trust has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4942134 — net $4,404.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,178.57	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates	$153.77	Water rates
Insurance excess	$2,000.00	Insurance excess
Rubbish removal	$870.40	Rubbish removal
Net award	$4,404.74
Total payable by Tenant to Landlord	$4,404.74

Order

Rebekah Anne Curle and Nilesh Jayantilal Patel must pay Sharmila Sharan on behalf of M & S Sharan Family Trust $4,404.74 immediately, being rent arrears to 28 June 2024, insurance excesses, reimbursement of filing fee and rubbish removal, as calculated and set out below: DescriptionLandlord Rent arrears$2,178.57 Filing fee reimbursement$27.00 Water rates$153.77 Insurance excess$2,000.00 Rubbish removal$870.40 Total award$5,229.74 Minus Bond-$825.00 Total payable by Tenant to Landlord$4,404.74
The Bond Centre is to pay the bond of $825.00 (6296194-009) to Sharmila Sharan on behalf of M & S Sharan Family Trust immediately.

Reasons

The landlord attended the hearing, the tenants did not attend. The landlord has received an email from one of the tenants advising that she may not be able to attend the hearing today. The tenants were both sent a Notice of Hearing and clearly were aware of the hearing today. I am proceeding with the hearing in their absence.
The landlord has applied for rent arrears, water bills, 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 28 June 2024. The landlord provided rent records and water rates invoices which prove the amount of $2178.57 in rent arrears and $153.73 in water bills owing at the end of the tenancy.
I am satisfied that the landlord has proven her claim for rent arrears and water bills.

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 landlord has provided an exit report and photographs of the property at the end of the tenancy. The property was left in a very dirty condition with rubbish throughout the inside and outside.
The landlord provided 3 invoices for the removal of a flexibin left at the property, one from Bin Buddy and from a contractor employed to clean up the rubbish.
I am satisfied that the landlord has proven their claim for $870.40 for rubbish removal.
As a result of the serious damage caused to this property the landlord has had to embark on extensive repairs.

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: -The carpet and vinyl were destroyed and had to be replaced. -Holes in the walls throughout the house. -Lounge door hanging off its hinges. -Bathroom vanity had been damaged and the pipes were broken. The inside of the vanity was irreparable, due to water damage. -Curtains were heavily stained with an unknown substance. -Laundry tub was coated in a concrete-like substances.
The landlord provided photos of the property before the tenancy commenced. The pre-let photos show a very well-presented property. At the end of the tenancy the property had been seriously damaged and in need of repairs in excess of $100,000.00. The landlord made a claim to their insurance company, which was accepted.
The landlord is seeking the cost of the insurance excesses which totals $2000.00. There were 3 excess payments of $250.00 each for the destroyed carpet in the lounge and two bedrooms, two excess payments for the vinyl in the kitchen, laundry and hallway, $250 each for the replacement of the vanity, laundry tub and lounge door.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord provided a quote for the cost of the replacement curtains. Unfortunately, the Tribunal cannot award costs for quotes as this is not an actual cost yet to the landlord. The landlord can reapply to the Tribunal for the cost of the curtains once they have been replaced. I am not considering the claim for the curtains.
The bond is to be refunded to the landlord immediately from the bond centre to offset the debt owed to the landlord by the tenants.
Because Sharmila Sharan on behalf of M & S Sharan Family Trust has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4942134 — Rent arrears at 647 Richardson Road, Mount Roskill, Auckland 1041

At a glance

Tenancy Tribunal case 4942134 — Rent arrears at 647 Richardson Road, Mount Roskill, Auckland 1041

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