What was the outcome of Tenancy Tribunal case 4993776?

The tribunal order states: Simrat Rai must pay Saleshni Madhu Chand and Pritam Chand $3,031.44

How much money was awarded in case 4993776?

Cleaning: $150.00 awarded to landlord; Property Damage: $300.00 awarded to tenant; Reasonable Peace And Comfort: $2,500.00 awarded to tenant; Rent Arrears: $5,131.44 awarded to landlord; Cabinet Glass: $50.00 awarded to landlord; Property Damage: $500.00 awarded to landlord

What type of tenancy dispute was case 4993776?

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

Where can I read the official tribunal order for case 4993776?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11047655-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4993776?

The tribunal order states: Simrat Rai must pay Saleshni Madhu Chand and Pritam Chand $3,031.44

How much money was awarded in case 4993776?

Cleaning: $150.00 awarded to landlord; Property Damage: $300.00 awarded to tenant; Reasonable Peace And Comfort: $2,500.00 awarded to tenant; Rent Arrears: $5,131.44 awarded to landlord; Cabinet Glass: $50.00 awarded to landlord; Property Damage: $500.00 awarded to landlord

What type of tenancy dispute was case 4993776?

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

Where can I read the official tribunal order for case 4993776?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11047655-Tenancy_Tribunal_Order.pdf.

11 Gray Avenue, Mangere East, Auckland 2024 Tenancy Tribunal Case 4993776 — Rent arrears

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11 Gray Avenue, Mangere East, Auckland 2024 Tenancy Tribunal Case 4993776 — 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 4993776 — net $3,031.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears, including water rates, calculated to 13	$5,131.44		r rent payable from 3 to 13 October 2024, I make an order for the tenant to pay $5,131.44 to the landlord in full and final settlement of the entire amounts ow…
Repairs: stove replacement	$500.00		Repairs: stove replacement
Repairs: cabinet glass	$50.00		Repairs: cabinet glass
Carpet Cleaning	$150.00		Carpet Cleaning
Compensation: general damages for interference with		$300.00	general damages for interference with
reasonable peace and comfort		$2,500.00	reasonable peace and comfort
Total award	$5,831.44	$2,800.00
Net award	$3,031.44
Total payable by Tenant to Landlord	$3,031.44

Claims and awards for application 4993776 — net $3,031.44 NZD. Verify on MoJ.

Rent arrears, including water rates, calculated to 13

Amount: $5,131.44
Awarded to: Landlord
Reason: r rent payable from 3 to 13 October 2024, I make an order for the tenant to pay $5,131.44 to the landlord in full and final settlement of the entire amounts ow…

Repairs: stove replacement

Amount: $500.00
Awarded to: Landlord
Reason: Repairs: stove replacement

Repairs: cabinet glass

Amount: $50.00
Awarded to: Landlord
Reason: Repairs: cabinet glass

Carpet Cleaning

Amount: $150.00
Awarded to: Landlord
Reason: Carpet Cleaning

Compensation: general damages for interference with

Amount: $300.00
Awarded to: Tenant

Claim types — money lines allowed on this order

Carpet Cleaning Property damage Rent arrears

Order

Simrat Rai must pay Saleshni Madhu Chand and Pritam Chand $3,031.44 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing. The tenant is represented by counsel.
The landlord has applied for rent arrears, water arrears, compensation and the bond following the end of the tenancy. The tenant has applied for compensation and exemplary damages for various breaches by the landlord.

How much is owed for rent and water rates?

The tenancy ended on 13 October 2024. The landlord provided rent records and water rates invoices, seeking the outstanding arrears.
However I consider that the parties have reached an agreement for the bond to be paid to (or retained by) the landlord and a further sum of $4,000 to be paid by the tenant in settlement of the landlord’s claims for rent arrears to 2 October 2024 and water rates.
Taking into account the further rent payable from 3 to 13 October 2024, I make an order for the tenant to pay $5,131.44 to the landlord in full and final settlement of the entire amounts owing for rent arrears and water rates.

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, and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish and belongings. The tenant is allowed until 3pm on Saturday 9 October 2024 to remove the rubbish and belongings failing which the landlord may dispose them and claim costs for rubbish removal.
Only the amounts ordered for carpet cleaning 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.
The landlord has proved that the following damage was caused during the tenancy: stovetop and cabinet. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Only the amounts ordered are proved.
I have taken into account 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
I now address the tenant’s claims. Has the landlord interfered with the tenant’s peace and quiet enjoyment?
Simrat Rai claims the landlord has interfered with the reasonable peace and comfort of the tenant in her use of the premises.
A landlord must not interfere with the reasonable peace, comfort or privacy of the tenant in their use of the premises. See section 38(2) Residential Tenancies Act 1986.
I am satisfied from the landlord’s correspondence with the tenant that the landlord has interfered with the reasonable peace and comfort of the tenant when the landlord insisted on the tenant being at the premises every time the landlord wishes to conduct an inspection. The landlord has also made threats against the tenant for failing to pay rent and being in arrears which threats I consider to be unwarranted.
While the landlord has not breached the obligation under section 38 in circumstances that amount to harassment, I consider that the landlord should be liable to pay general damages for stress and inconvenience to the tenant of $300.00.

Has the landlord lodged the bond?

Simrat Rai claims the landlord has not lodged the bond with the Bond Centre within the required time.
A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A Residential Tenancies Act 1986.
By failing to lodge the bond, I find they have committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
Having heard from the landlord, I accept her explanation that she had genuinely forgotten to lodge the bond. She assumed that the bond had been lodged and only realised that it has not been lodged after calling Tenancy Services at the eve of today’s hearing. Given that the landlord had not committed the unlawful act intentionally, I make no award of exemplary damages against the landlord under section 19 RTA.

Has the premises been insulated?

Simrat Rai claims that the landlord has breached the obligations under section 45(1)(bb) of the Residential Tenancies Act 1986 by failing to insulate the premises in accordance with the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016.
From 1 July 2019, all residential premises must be insulated to a minimum standard. Where the premises were insulated before 1 July 2016, the ceiling insulation must have an R-value of at least 1.9 (or 1.5 for houses of a brick or concrete block construction). The underfloor insulation must have an R-value of at least 0.9. The insulation must be in reasonable condition.
Where insulation is installed after 1 July 2016, the minimum R-value for ceiling insulation is 2.9 in Zones 1 and 2, and 3.3 for Zone 3 (Zone 3 covers the South Island and central North Island). The minimum R-value for underfloor insulation is 1.3.
There are exceptions to these requirements, for example, where it is not reasonably practicable, or where there is a habitable space above or below the ceiling or floor that would otherwise have to be insulated.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45 (1)(A) and Schedule 1A RTA.
The tenancy commenced in March 2023 but the landlord only insulated the premises to the required standard in February 2024, some 11 months later. I find they have committed an unlawful act.
Having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest, I am satisfied it would be just to award exemplary damages under section 109(3) RTA in favour of the tenant in the sum of $2,500.00.
Only the amounts ordered in the table above are proved.

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 4993776 — net $3,031.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears, including water rates, calculated to 13	$5,131.44		r rent payable from 3 to 13 October 2024, I make an order for the tenant to pay $5,131.44 to the landlord in full and final settlement of the entire amounts ow…
Repairs: stove replacement	$500.00		Repairs: stove replacement
Repairs: cabinet glass	$50.00		Repairs: cabinet glass
Carpet Cleaning	$150.00		Carpet Cleaning
Compensation: general damages for interference with		$300.00	general damages for interference with
reasonable peace and comfort		$2,500.00	reasonable peace and comfort
Total award	$5,831.44	$2,800.00
Net award	$3,031.44
Total payable by Tenant to Landlord	$3,031.44

Claims and awards for application 4993776 — net $3,031.44 NZD. Verify on MoJ.

Rent arrears, including water rates, calculated to 13

Amount: $5,131.44
Awarded to: Landlord
Reason: r rent payable from 3 to 13 October 2024, I make an order for the tenant to pay $5,131.44 to the landlord in full and final settlement of the entire amounts ow…

Repairs: stove replacement

Amount: $500.00
Awarded to: Landlord
Reason: Repairs: stove replacement

Repairs: cabinet glass

Amount: $50.00
Awarded to: Landlord
Reason: Repairs: cabinet glass

Carpet Cleaning

Amount: $150.00
Awarded to: Landlord
Reason: Carpet Cleaning

Compensation: general damages for interference with

Amount: $300.00
Awarded to: Tenant

Claim types — money lines allowed on this order

Carpet Cleaning Property damage Rent arrears

Order

Simrat Rai must pay Saleshni Madhu Chand and Pritam Chand $3,031.44 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing. The tenant is represented by counsel.
The landlord has applied for rent arrears, water arrears, compensation and the bond following the end of the tenancy. The tenant has applied for compensation and exemplary damages for various breaches by the landlord.

How much is owed for rent and water rates?

The tenancy ended on 13 October 2024. The landlord provided rent records and water rates invoices, seeking the outstanding arrears.
However I consider that the parties have reached an agreement for the bond to be paid to (or retained by) the landlord and a further sum of $4,000 to be paid by the tenant in settlement of the landlord’s claims for rent arrears to 2 October 2024 and water rates.
Taking into account the further rent payable from 3 to 13 October 2024, I make an order for the tenant to pay $5,131.44 to the landlord in full and final settlement of the entire amounts owing for rent arrears and water rates.

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, and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish and belongings. The tenant is allowed until 3pm on Saturday 9 October 2024 to remove the rubbish and belongings failing which the landlord may dispose them and claim costs for rubbish removal.
Only the amounts ordered for carpet cleaning 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.
The landlord has proved that the following damage was caused during the tenancy: stovetop and cabinet. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Only the amounts ordered are proved.
I have taken into account 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
I now address the tenant’s claims. Has the landlord interfered with the tenant’s peace and quiet enjoyment?
Simrat Rai claims the landlord has interfered with the reasonable peace and comfort of the tenant in her use of the premises.
A landlord must not interfere with the reasonable peace, comfort or privacy of the tenant in their use of the premises. See section 38(2) Residential Tenancies Act 1986.
I am satisfied from the landlord’s correspondence with the tenant that the landlord has interfered with the reasonable peace and comfort of the tenant when the landlord insisted on the tenant being at the premises every time the landlord wishes to conduct an inspection. The landlord has also made threats against the tenant for failing to pay rent and being in arrears which threats I consider to be unwarranted.
While the landlord has not breached the obligation under section 38 in circumstances that amount to harassment, I consider that the landlord should be liable to pay general damages for stress and inconvenience to the tenant of $300.00.

Has the landlord lodged the bond?

Simrat Rai claims the landlord has not lodged the bond with the Bond Centre within the required time.
A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A Residential Tenancies Act 1986.
By failing to lodge the bond, I find they have committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
Having heard from the landlord, I accept her explanation that she had genuinely forgotten to lodge the bond. She assumed that the bond had been lodged and only realised that it has not been lodged after calling Tenancy Services at the eve of today’s hearing. Given that the landlord had not committed the unlawful act intentionally, I make no award of exemplary damages against the landlord under section 19 RTA.

Has the premises been insulated?

Simrat Rai claims that the landlord has breached the obligations under section 45(1)(bb) of the Residential Tenancies Act 1986 by failing to insulate the premises in accordance with the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016.
From 1 July 2019, all residential premises must be insulated to a minimum standard. Where the premises were insulated before 1 July 2016, the ceiling insulation must have an R-value of at least 1.9 (or 1.5 for houses of a brick or concrete block construction). The underfloor insulation must have an R-value of at least 0.9. The insulation must be in reasonable condition.
Where insulation is installed after 1 July 2016, the minimum R-value for ceiling insulation is 2.9 in Zones 1 and 2, and 3.3 for Zone 3 (Zone 3 covers the South Island and central North Island). The minimum R-value for underfloor insulation is 1.3.
There are exceptions to these requirements, for example, where it is not reasonably practicable, or where there is a habitable space above or below the ceiling or floor that would otherwise have to be insulated.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45 (1)(A) and Schedule 1A RTA.
The tenancy commenced in March 2023 but the landlord only insulated the premises to the required standard in February 2024, some 11 months later. I find they have committed an unlawful act.
Having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest, I am satisfied it would be just to award exemplary damages under section 109(3) RTA in favour of the tenant in the sum of $2,500.00.
Only the amounts ordered in the table above are proved.

Tenancy Tribunal case 4993776 — Rent arrears at 11 Gray Avenue, Mangere East, Auckland 2024

At a glance

Tenancy Tribunal case 4993776 — Rent arrears at 11 Gray Avenue, Mangere East, Auckland 2024

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?

Has the landlord lodged the bond?

Has the premises been insulated?

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?

Has the landlord lodged the bond?

Has the premises been insulated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions