What was the outcome of Tenancy Tribunal case 5024470?

The tribunal order states: Jayesh Patel and Jordana Donnell Walker to pay Property Empire Limited As

How much money was awarded in case 5024470?

Rent Arrears: $3,320.00 awarded to landlord

What type of tenancy dispute was case 5024470?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5024470?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11700828-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5024470?

The tribunal order states: Jayesh Patel and Jordana Donnell Walker to pay Property Empire Limited As

How much money was awarded in case 5024470?

Rent Arrears: $3,320.00 awarded to landlord

What type of tenancy dispute was case 5024470?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5024470?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11700828-Tenancy_Tribunal_Order.pdf.

689 Great North Road, Grey Lynn, Auckland 1021 Tenancy Tribunal Case 5024470 — Rent arrears

Claims and awards in Tenancy Tribunal application 5024470 — net $3,320.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,320.00	Rent arrears
Net award	$3,320.00
Bond	$3,320.00
Total payable by Tenant to Landlord	$3,320.00

Order

Jayesh Patel and Jordana Donnell Walker to pay Property Empire Limited As Agent For Thomas Horrocks $3,320.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,320.00 (5117375-001) to Property Empire Limited As Agent For Thomas Horrocks immediately.
The tenant’s application is dismissed.

Reasons

Both parties attended the hearing. The tenant Jayesh Patel attended the hearing by telephone. There was no appearance by the tenant Jordana Walker.
The tenant has lodged an application seeking return of his bond money.
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?

The landlord has applied for rent arrears for the period from 6 September 2024 to 3 October 2024.
The tenancy was for a fixed term until 8 September 2024. The tenancy would automatically become a periodic tenancy when it ended, unless either party gave notice to terminate. See section 60A Residential Tenancies Act 1986 (RTA).
If the tenant did not want it to become a periodic tenancy, they needed to give 28 days’ notice before the expiry date of the fixed term. If the landlord did not want it to become a periodic tenancy, they needed to give reason for ending the tenancy and provide notice based on the requirements of that reason.
The landlord emailed the tenant on 4 September 2024 asking him to pay the water rates. The tenant replied stating that he would be vacating at the end of the fixed term on 8 September 2024.
The tenant’s understanding was that, because the tenancy was for a fixed term, it was coming to an end. During the hearing I formed the view that the tenant was genuinely unaware of the required notice period. It is also disappointing that the landlord did not make contact with the tenant at least 28 days’ prior to advise him of this requirement.
It is clear from the tenant’s evidence that he believed that no action was required as the fixed term was coming to an end.
Nevertheless, the tenant did not give the required notice 28 days’ before the end of the fixed term.
Accordingly, I must allow the landlord’s claim for rent arrears.

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 landlord claims that the tenant did not leave the carpet in a reasonably clean condition.
The landlord says that there was some staining on the carpet. The tenant says that he used a Rug Doctor to clean the carpet at the end of the tenancy.
The landlord has failed to provide adequate evidence in support of this claim. There is no expense claim for the amount sought. There are two undated photographs provided with the landlord’s application. The only reference on these photographs is ‘carpet before’ and the date of 22 October 2024. I am unable to tell when the photographs were taken. I also cannot see any photographs of carpet with stains.
The landlord should have provided proper entry and exit photographic evidence in support of this claim. The landlord also failed to provide a paid expense claim.
In the absence of supporting evidence the claim for carpet cleaning must be dismissed.

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. Damage to floor
The landlord says that the tenant has damaged the wooden floor of the property. The landlord has only provided a quote from Home Team Maintenance dated 22 October 2024 in support of this claim.
The landlord stated during the hearing that the floor has now been repaired and the damage paid for. No evidence of this was provided prior to or during the hearing.
An applicant must show actual loss in respect of a claim. Providing only a quote in support of a claim for damage compensation is inadequate. At the very least I would have expected an invoice confirming the amount claimed along with evidence of payment. This has not been provided.
The claim in respect of floor damage is dismissed.
Because the landlord has not wholly or substantially succeeded with their application I do not order reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 5024470 — net $3,320.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,320.00	Rent arrears
Net award	$3,320.00
Bond	$3,320.00
Total payable by Tenant to Landlord	$3,320.00

Order

Jayesh Patel and Jordana Donnell Walker to pay Property Empire Limited As Agent For Thomas Horrocks $3,320.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,320.00 (5117375-001) to Property Empire Limited As Agent For Thomas Horrocks immediately.
The tenant’s application is dismissed.

Reasons

Both parties attended the hearing. The tenant Jayesh Patel attended the hearing by telephone. There was no appearance by the tenant Jordana Walker.
The tenant has lodged an application seeking return of his bond money.
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?

The landlord has applied for rent arrears for the period from 6 September 2024 to 3 October 2024.
The tenancy was for a fixed term until 8 September 2024. The tenancy would automatically become a periodic tenancy when it ended, unless either party gave notice to terminate. See section 60A Residential Tenancies Act 1986 (RTA).
If the tenant did not want it to become a periodic tenancy, they needed to give 28 days’ notice before the expiry date of the fixed term. If the landlord did not want it to become a periodic tenancy, they needed to give reason for ending the tenancy and provide notice based on the requirements of that reason.
The landlord emailed the tenant on 4 September 2024 asking him to pay the water rates. The tenant replied stating that he would be vacating at the end of the fixed term on 8 September 2024.
The tenant’s understanding was that, because the tenancy was for a fixed term, it was coming to an end. During the hearing I formed the view that the tenant was genuinely unaware of the required notice period. It is also disappointing that the landlord did not make contact with the tenant at least 28 days’ prior to advise him of this requirement.
It is clear from the tenant’s evidence that he believed that no action was required as the fixed term was coming to an end.
Nevertheless, the tenant did not give the required notice 28 days’ before the end of the fixed term.
Accordingly, I must allow the landlord’s claim for rent arrears.

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 landlord claims that the tenant did not leave the carpet in a reasonably clean condition.
The landlord says that there was some staining on the carpet. The tenant says that he used a Rug Doctor to clean the carpet at the end of the tenancy.
The landlord has failed to provide adequate evidence in support of this claim. There is no expense claim for the amount sought. There are two undated photographs provided with the landlord’s application. The only reference on these photographs is ‘carpet before’ and the date of 22 October 2024. I am unable to tell when the photographs were taken. I also cannot see any photographs of carpet with stains.
The landlord should have provided proper entry and exit photographic evidence in support of this claim. The landlord also failed to provide a paid expense claim.
In the absence of supporting evidence the claim for carpet cleaning must be dismissed.

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. Damage to floor
The landlord says that the tenant has damaged the wooden floor of the property. The landlord has only provided a quote from Home Team Maintenance dated 22 October 2024 in support of this claim.
The landlord stated during the hearing that the floor has now been repaired and the damage paid for. No evidence of this was provided prior to or during the hearing.
An applicant must show actual loss in respect of a claim. Providing only a quote in support of a claim for damage compensation is inadequate. At the very least I would have expected an invoice confirming the amount claimed along with evidence of payment. This has not been provided.
The claim in respect of floor damage is dismissed.
Because the landlord has not wholly or substantially succeeded with their application I do not order reimbursement of the filing fee.

Tenancy Tribunal case 5024470 — Rent arrears at 689 Great North Road, Grey Lynn, Auckland 1021

At a glance

Tenancy Tribunal case 5024470 — Rent arrears at 689 Great North Road, Grey Lynn, Auckland 1021

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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