What was the outcome of Tenancy Tribunal case 5031328?

The tribunal order states: Shaayal Shivani Reddy and Emmanuel Ali Hardani must pay James Daniel

How much money was awarded in case 5031328?

Cleaning: $50.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $9,660.00 awarded to landlord; Carpet: $300.00 awarded to landlord

What type of tenancy dispute was case 5031328?

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

Where can I read the official tribunal order for case 5031328?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11343750-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5031328?

The tribunal order states: Shaayal Shivani Reddy and Emmanuel Ali Hardani must pay James Daniel

How much money was awarded in case 5031328?

Cleaning: $50.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $9,660.00 awarded to landlord; Carpet: $300.00 awarded to landlord

What type of tenancy dispute was case 5031328?

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

Where can I read the official tribunal order for case 5031328?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11343750-Tenancy_Tribunal_Order.pdf.

40B Allen Street, Mangere East, Auckland 2024 Tenancy Tribunal Case 5031328 — Rent arrears

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40B Allen Street, Mangere East, Auckland 2024 Tenancy Tribunal Case 5031328 — 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 5031328 — net $8,077.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 August 2024	$9,660.00	Rent arrears to 25 August 2024
Cleaning	$50.00	Cleaning
Repairs: carpet	$300.00	Repairs: carpet
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$8,077.00
Total payable by Tenant to Landlord	$8,077.00

Claims and awards for application 5031328 — net $8,077.00 NZD. Verify on MoJ.

Rent arrears to 25 August 2024

Amount: $9,660.00
Awarded to: Landlord
Reason: Rent arrears to 25 August 2024

Cleaning

Amount: $50.00
Awarded to: Landlord
Reason: Cleaning

Repairs: carpet

Amount: $300.00
Awarded to: Landlord
Reason: Repairs: carpet

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $8,077.00

Total payable by Tenant to Landlord

Landlord $8,077.00

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Property damage

Order

Shaayal Shivani Reddy and Emmanuel Ali Hardani must pay James Daniel Brisbane $8,077.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,960.00 (5976717-002) to James Daniel Brisbane immediately.

Reasons

Both parties attended the hearing which was held by teleconference.
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 tenancy ended on 25 August 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy is $9,660.00.

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 landlord produced photographs that showed two drawers and two cupboards to be unclean. The amount of cleaning required for these drawers and cupboards was minimal. A photograph of the oven showed a spillage on the bottom and a rack that looked unclean. The landlord explained that the owner did the cleaning themselves and did not produce an invoice.
The tenant was unable to comment on the photographs of the drawers, and said the oven was rusty from the beginning of the tenancy.
I determine the cupboards and oven were not left reasonably clean. I make an award of $50.00 which I consider sufficient to cover the reasonable costs for cleaning as established on the evidence before me.

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.
The landlord produced photographs that showed four medium sized discolouration-stains in the carpet. The landlord stated the carpet was one year old at the beginning of the three-year tenancy. The landlord is claiming $2870.55 less depreciation to replace the entire carpet.
The tenant accepted he had caused the stains during the tenancy.
From the evidence before me, I do not consider the carpet is in need of replacement because of the stains caused during the tenancy. I determine that the stains amount to more than fair wear and tear, and because of this the landlord has suffered a loss and should be compensated.
The stains appear to me to not be so serious as to affect the amount that the premises could be rented for, and I consider that it would be unreasonable to replace the whole carpet because of these stains.
I award $300.00 which I determine to be a reasonable amount to compensate the landlord for their loss.
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.
Because James Daniel Brisbane has substantially succeeded with the claim I have reimbursed the filing fee.

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 5031328 — net $8,077.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 August 2024	$9,660.00	Rent arrears to 25 August 2024
Cleaning	$50.00	Cleaning
Repairs: carpet	$300.00	Repairs: carpet
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$8,077.00
Total payable by Tenant to Landlord	$8,077.00

Claims and awards for application 5031328 — net $8,077.00 NZD. Verify on MoJ.

Rent arrears to 25 August 2024

Amount: $9,660.00
Awarded to: Landlord
Reason: Rent arrears to 25 August 2024

Cleaning

Amount: $50.00
Awarded to: Landlord
Reason: Cleaning

Repairs: carpet

Amount: $300.00
Awarded to: Landlord
Reason: Repairs: carpet

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $8,077.00

Total payable by Tenant to Landlord

Landlord $8,077.00

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Property damage

Order

Shaayal Shivani Reddy and Emmanuel Ali Hardani must pay James Daniel Brisbane $8,077.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,960.00 (5976717-002) to James Daniel Brisbane immediately.

Reasons

Both parties attended the hearing which was held by teleconference.
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 tenancy ended on 25 August 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy is $9,660.00.

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 landlord produced photographs that showed two drawers and two cupboards to be unclean. The amount of cleaning required for these drawers and cupboards was minimal. A photograph of the oven showed a spillage on the bottom and a rack that looked unclean. The landlord explained that the owner did the cleaning themselves and did not produce an invoice.
The tenant was unable to comment on the photographs of the drawers, and said the oven was rusty from the beginning of the tenancy.
I determine the cupboards and oven were not left reasonably clean. I make an award of $50.00 which I consider sufficient to cover the reasonable costs for cleaning as established on the evidence before me.

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.
The landlord produced photographs that showed four medium sized discolouration-stains in the carpet. The landlord stated the carpet was one year old at the beginning of the three-year tenancy. The landlord is claiming $2870.55 less depreciation to replace the entire carpet.
The tenant accepted he had caused the stains during the tenancy.
From the evidence before me, I do not consider the carpet is in need of replacement because of the stains caused during the tenancy. I determine that the stains amount to more than fair wear and tear, and because of this the landlord has suffered a loss and should be compensated.
The stains appear to me to not be so serious as to affect the amount that the premises could be rented for, and I consider that it would be unreasonable to replace the whole carpet because of these stains.
I award $300.00 which I determine to be a reasonable amount to compensate the landlord for their loss.
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.
Because James Daniel Brisbane has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5031328 — Rent arrears at 40B Allen Street, Mangere East, Auckland 2024

At a glance

Tenancy Tribunal case 5031328 — Rent arrears at 40B Allen Street, Mangere East, Auckland 2024

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

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

Frequently asked questions