What was the outcome of Tenancy Tribunal case 4952213?

The tribunal order states: Gourav Kumar and Neha Kamboj must pay Wongeoon Vast Limited $117.99

How much money was awarded in case 4952213?

Filing Fee: $27.00 awarded to landlord; Previous Order Application 4824117 D…: $20.44 awarded to tenant; Rent Arrears: $111.43 awarded to landlord

What type of tenancy dispute was case 4952213?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4952213?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10799303-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4952213?

The tribunal order states: Gourav Kumar and Neha Kamboj must pay Wongeoon Vast Limited $117.99

How much money was awarded in case 4952213?

Filing Fee: $27.00 awarded to landlord; Previous Order Application 4824117 D…: $20.44 awarded to tenant; Rent Arrears: $111.43 awarded to landlord

What type of tenancy dispute was case 4952213?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4952213?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10799303-Tenancy_Tribunal_Order.pdf.

321 Main South Road, Hornby, Christchurch 8042 Tenancy Tribunal Case 4952213 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4952213 — net $117.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears (to 26 March 2024	$111.43		Rent arrears (to 26 March 2024
Filing fee reimbursement	$27.00		Filing fee reimbursement
Previous order application 4824117 dated 31/05/2024		$20.44	Previous order application 4824117 dated 31/05/2024
Total award	$138.43	$20.44
Net award	$117.99
Total payable by Tenant to Landlord	$117.99

Both parties attended the hearing.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing.

The landlord has applied for rent arrears and has provided rent records which prove the amount of $111.43 owing at the end of the tenancy.

Mr Wongeoon attempted to increase the claim to $131.42 at the hearing but did not have a compelling reason for doing so. I have awarded the amount set out in the landlord’s rent summary submitted with the application.

The tenant said that he had not paid the final two days rent because the landlord had not reimbursed him for a filing fee on a previous Tribunal application.

The previous Tribunal order is incorporated into this order for enforcement purposes. This is an issue which the parties could and should have been able to resolve between themselves. Exemplary Damages Claim

Wongeoon Vast Limited claims that the number of people living at the premises exceeds the maximum number allowed in the tenancy agreement, or that the tenant assigned or sublet the tenancy without permission.

Where the tenancy agreement specifies the maximum number of persons that may ordinarily reside in the premises during the tenancy, the tenant must ensure that the number is not exceeded. See section 40(3) Residential Tenancies Act 1986.

Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,000.00. See section 40(3A)(e) and Schedule 1A Residential Tenancies Act 1986.

A tenant may not assign the tenancy without the prior written consent of the landlord, or it is a tenancy described in section 53B(1)(a) relating to social housing tenancies containing a provision that prohibits the tenant from assigning the tenancy. See s. 43B Residential Tenancies Act 1986.

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $750.00. See section 43B(3) and Schedule 1A Residential Tenancies Act 1986.

In the absence of a specific provision in the tenancy agreement prohibiting subletting or parting of possession of the tenancy, a tenant may do so but only with the prior written consent of the landlord. The landlord may not withhold consent unreasonably. See section 44(2) and (3) Residential Tenancies Act 1986.

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 44(2A)(b) and Schedule 1A Residential Tenancies Act 1986.

The tenancy agreement specifies that the maximum number of 2 adults may live in the premises during the tenancy. The landlord referred to an email from the tenant in October, advising that another tenant would be sharing the second bedroom. The property owner also sent an email to the Tribunal advising that the tenant had someone stay for 5 weeks while the tenant was away.

The tenant said he had a friend stay for a few days, as he is entitled to. He said there wasn’t a permanent flatmate or sub-tenant.

There was no corroborative evidence to support the landlord’s assertion that the tenant parted with possession, assigned the tenancy or exceeded the number of adults living at the property. To establish any of those breaches there would need to be evidence of a permanent arrangement with a third party living at the premises.

The claim for exemplary damages is dismissed.

As the landlord succeeded with its claim for rent arrears, I award reimbursement of the Tribunal application fee. The fee has increased to $27.00 since the tenant made its application and was awarded $20.44 in May.

Claims and awards in Tenancy Tribunal application 4952213 — net $117.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears (to 26 March 2024	$111.43		Rent arrears (to 26 March 2024
Filing fee reimbursement	$27.00		Filing fee reimbursement
Previous order application 4824117 dated 31/05/2024		$20.44	Previous order application 4824117 dated 31/05/2024
Total award	$138.43	$20.44
Net award	$117.99
Total payable by Tenant to Landlord	$117.99

Order

Gourav Kumar and Neha Kamboj must pay Wongeoon Vast Limited $117.99 immediately, calculated as shown in table below:
The landlord’s claim for exemplary damages is dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
The landlord has applied for rent arrears and has provided rent records which prove the amount of $111.43 owing at the end of the tenancy.
Mr Wongeoon attempted to increase the claim to $131.42 at the hearing but did not have a compelling reason for doing so. I have awarded the amount set out in the landlord’s rent summary submitted with the application.
The tenant said that he had not paid the final two days rent because the landlord had not reimbursed him for a filing fee on a previous Tribunal application.
The previous Tribunal order is incorporated into this order for enforcement purposes. This is an issue which the parties could and should have been able to resolve between themselves. Exemplary Damages Claim
Wongeoon Vast Limited claims that the number of people living at the premises exceeds the maximum number allowed in the tenancy agreement, or that the tenant assigned or sublet the tenancy without permission.
Where the tenancy agreement specifies the maximum number of persons that may ordinarily reside in the premises during the tenancy, the tenant must ensure that the number is not exceeded. See section 40(3) Residential Tenancies Act 1986.
Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,000.00. See section 40(3A)(e) and Schedule 1A Residential Tenancies Act 1986.
A tenant may not assign the tenancy without the prior written consent of the landlord, or it is a tenancy described in section 53B(1)(a) relating to social housing tenancies containing a provision that prohibits the tenant from assigning the tenancy. See s. 43B Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $750.00. See section 43B(3) and Schedule 1A Residential Tenancies Act 1986.
In the absence of a specific provision in the tenancy agreement prohibiting subletting or parting of possession of the tenancy, a tenant may do so but only with the prior written consent of the landlord. The landlord may not withhold consent unreasonably. See section 44(2) and (3) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 44(2A)(b) and Schedule 1A Residential Tenancies Act 1986.
The tenancy agreement specifies that the maximum number of 2 adults may live in the premises during the tenancy. The landlord referred to an email from the tenant in October, advising that another tenant would be sharing the second bedroom. The property owner also sent an email to the Tribunal advising that the tenant had someone stay for 5 weeks while the tenant was away.
The tenant said he had a friend stay for a few days, as he is entitled to. He said there wasn’t a permanent flatmate or sub-tenant.
There was no corroborative evidence to support the landlord’s assertion that the tenant parted with possession, assigned the tenancy or exceeded the number of adults living at the property. To establish any of those breaches there would need to be evidence of a permanent arrangement with a third party living at the premises.
The claim for exemplary damages is dismissed.
As the landlord succeeded with its claim for rent arrears, I award reimbursement of the Tribunal application fee. The fee has increased to $27.00 since the tenant made its application and was awarded $20.44 in May.

Tenancy Tribunal case 4952213 — Rent arrears at 321 Main South Road, Hornby, Christchurch 8042

At a glance

Tenancy Tribunal case 4952213 — Rent arrears at 321 Main South Road, Hornby, Christchurch 8042

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions