What was the outcome of Tenancy Tribunal case 5091348?

The tribunal order states: Varinder Singh and Sandeep Kaur must pay Ihome Property Management

How much money was awarded in case 5091348?

Filing Fee: $27.00 awarded to landlord; Property Damage: $138.00 awarded to landlord; Property Damage: $115.00 awarded to landlord; Rent Arrears: $3,300.00 awarded to landlord; Hole In Wall: $207.00 awarded to landlord; Rubbish Removal: $230.00 awarded to landlord; Smoke Alarms: $69.00 awarded to landlord; Water Rates: $390.17 awarded to landlord

What type of tenancy dispute was case 5091348?

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

Where can I read the official tribunal order for case 5091348?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11253719-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5091348?

The tribunal order states: Varinder Singh and Sandeep Kaur must pay Ihome Property Management

How much money was awarded in case 5091348?

Filing Fee: $27.00 awarded to landlord; Property Damage: $138.00 awarded to landlord; Property Damage: $115.00 awarded to landlord; Rent Arrears: $3,300.00 awarded to landlord; Hole In Wall: $207.00 awarded to landlord; Rubbish Removal: $230.00 awarded to landlord; Smoke Alarms: $69.00 awarded to landlord; Water Rates: $390.17 awarded to landlord

What type of tenancy dispute was case 5091348?

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

Where can I read the official tribunal order for case 5091348?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11253719-Tenancy_Tribunal_Order.pdf.

Unit/Flat 26, 1A Harrison Road, Mount Wellington, Auckland Tenancy Tribunal Case 5091348 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5091348 — net $1,676.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 December 2024	$3,300.00	Rent arrears to 2 December 2024
Rubbish removal	$230.00	Rubbish removal
Lock/key replacement	$138.00	Lock/key replacement
Repairs: hole in wall	$207.00	Repairs: hole in wall
Window repairs	$115.00	Window repairs
Replace smoke alarms	$69.00	Replace smoke alarms
Water rates	$390.17	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,676.17
Total payable by Tenant to Landlord	$1,676.17

Varinder Singh and Sandeep Kaur must pay Ihome Property Management Limited Acting Agent For Ldw Pm Limited $1,676.17 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $2,800.00 (3447864-008) to Ihome Property Management Limited Acting Agent For Ldw Pm Limited immediately. DescriptionLandlord Rent arrears to 2 December 2024$3,300.00 Rubbish removal$230.00 Lock/key replacement$138.00 Repairs: hole in wall$207.00 Window repairs$115.00 Replace smoke alarms$69.00 Water rates$390.17 Filing fee reimbursement$27.00 Total award$4,476.17 Bond$2,800.00 Total payable by Tenant to Landlord$1,676.17

Reasons

The landlord attended the hearing by telephone.

Each tenant was telephoned twice but did not answer.

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 and water rates?

The parties agreed that the tenancy was to end on 15 November 2024. However, the tenant did not remove all their possessions or return the key, despite the landlord advising them by email that the tenancy continued until vacant possession was given.

The landlord took possession on 2 December 2024, disposed of the remaining items belonging to the tenant and changed the locks. The tenancy ended on that date.

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must remove all rubbish, return all keys, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The landlord provided photographic evidence that the tenant did not remove all rubbish.

The tenant did not return the keys.

The landlord had to replace one smoke alarm.

The amounts ordered 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.

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 landlord provided photographic evidence of damage to a wall that had occurred during the tenancy and had been inexpertly repaired. The landlord also provided photographic evidence of a window that had been broken during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Because Ihome Property Management Limited Acting Agent For Ldw Pm Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5091348 — net $1,676.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 December 2024	$3,300.00	Rent arrears to 2 December 2024
Rubbish removal	$230.00	Rubbish removal
Lock/key replacement	$138.00	Lock/key replacement
Repairs: hole in wall	$207.00	Repairs: hole in wall
Window repairs	$115.00	Window repairs
Replace smoke alarms	$69.00	Replace smoke alarms
Water rates	$390.17	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,676.17
Total payable by Tenant to Landlord	$1,676.17

Order

Varinder Singh and Sandeep Kaur must pay Ihome Property Management Limited Acting Agent For Ldw Pm Limited $1,676.17 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,800.00 (3447864-008) to Ihome Property Management Limited Acting Agent For Ldw Pm Limited immediately. DescriptionLandlord Rent arrears to 2 December 2024$3,300.00 Rubbish removal$230.00 Lock/key replacement$138.00 Repairs: hole in wall$207.00 Window repairs$115.00 Replace smoke alarms$69.00 Water rates$390.17 Filing fee reimbursement$27.00 Total award$4,476.17 Bond$2,800.00 Total payable by Tenant to Landlord$1,676.17

Reasons

The landlord attended the hearing by telephone.
Each tenant was telephoned twice but did not answer.
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 and water rates?

The parties agreed that the tenancy was to end on 15 November 2024. However, the tenant did not remove all their possessions or return the key, despite the landlord advising them by email that the tenancy continued until vacant possession was given.
The landlord took possession on 2 December 2024, disposed of the remaining items belonging to the tenant and changed the locks. The tenancy ended on that date.
The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must remove all rubbish, return all keys, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant did not remove all rubbish.
The tenant did not return the keys.
The landlord had to replace one smoke alarm.
The amounts ordered 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.
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 landlord provided photographic evidence of damage to a wall that had occurred during the tenancy and had been inexpertly repaired. The landlord also provided photographic evidence of a window that had been broken during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Ihome Property Management Limited Acting Agent For Ldw Pm Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5091348 — Rent arrears at Unit/Flat 26, 1A Harrison Road, Mount Wellington, Auckland

At a glance

Tenancy Tribunal case 5091348 — Rent arrears at Unit/Flat 26, 1A Harrison Road, Mount Wellington, Auckland

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