What was the outcome of Tenancy Tribunal case 5152206?

The tribunal order states: Vinesh Prem Pratap and Jyotisha Prem Pratap must pay CSI Property

How much money was awarded in case 5152206?

Cleaning: $690.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $948.75 awarded to landlord; Property Damage: $2,633.50 awarded to landlord; Rent: $580.00 awarded to landlord

What type of tenancy dispute was case 5152206?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5152206?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11624558-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5152206?

The tribunal order states: Vinesh Prem Pratap and Jyotisha Prem Pratap must pay CSI Property

How much money was awarded in case 5152206?

Cleaning: $690.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $948.75 awarded to landlord; Property Damage: $2,633.50 awarded to landlord; Rent: $580.00 awarded to landlord

What type of tenancy dispute was case 5152206?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5152206?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11624558-Tenancy_Tribunal_Order.pdf.

29 Lusitano Drive, Karaka, Papakura 2113 Tenancy Tribunal Case 5152206 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5152206 — net $2,159.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent to 3 November 2024	$580.00		Rent to 3 November 2024
Repairs - heat pump and rangehood	$948.75		Repairs - heat pump and rangehood
Cleaning	$690.00		Cleaning
Repairs to walls, doors, garage carpet, blinds	$2,633.50		Repairs to walls, doors, garage carpet, blinds
Less: bond refunded		$2,720.00	Less: bond refunded
Filing fee reimbursement	$27.00		Filing fee reimbursement
Total award	$4,879.25	$2,720.00
Net award	$2,159.25
Total payable by Tenant to Landlord	$2,159.25

The landlord attended the hearing yesterday by telephone with the Tribunal’s permission.

The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. The bond of $2,720.00 has already been refunded to the landlord. The amount of the bond has been deducted from the award. Rent Arrears

The tenancy ended on 3 November 2024 pursuant to a termination notice from the tenant. The landlord provided a rent summary which proves the amount owing at the end of the tenancy. Cleaning and Rubbish Removal

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.

The tenant did not leave the premises reasonably clean and tidy. There were some clothes hangars and other items left behind, including cleaning items in the laundry. The oven, rangehood, kitchen cupboards, and toilet needed cleaning. There were some carpet stains. 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.

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 4 weeks' rent.

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.

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.

There was damage to the walls and doors during the tenancy. There was obvious damage to the lounge wall and visible damage in the hallway (which the tenant looks to have attempted to repair). The door of bedroom 2 had several areas of visible damage. The toilet roll holder was missing in the bathroom and the blinds in bedroom 1 had been damaged. The garage carpet had been torn in one area.

There may be an element of fair wear and tear in terms of the damage to the blinds. The landlord acknowledged that they are quite thin and possibly easily damaged. I discount the award for the blinds by 50% to account for this and depreciation (the premises being about 4 years old). The award for the blinds is $425.00 plus GST.

The remaining damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The itemised repair costs for the walls, doors, and garage carpet are less than the insurance excess of $750.00.

The heat pump and rangehood were also damaged. The heat pump was missing a filter. The buttons on the rangehood had been pushed in, which the landlord suggested would have required mistreatment. The electrician has recorded that both the heat pump and rangehood damage had been caused by “vandalism”. The invoice noted the control buttons on the rangehood had been pushed in and this had blown the main circuit board. Filing Fee

The landlord’s application has been successful. The filing fee must be awarded.

Claims and awards in Tenancy Tribunal application 5152206 — net $2,159.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent to 3 November 2024	$580.00		Rent to 3 November 2024
Repairs - heat pump and rangehood	$948.75		Repairs - heat pump and rangehood
Cleaning	$690.00		Cleaning
Repairs to walls, doors, garage carpet, blinds	$2,633.50		Repairs to walls, doors, garage carpet, blinds
Less: bond refunded		$2,720.00	Less: bond refunded
Filing fee reimbursement	$27.00		Filing fee reimbursement
Total award	$4,879.25	$2,720.00
Net award	$2,159.25
Total payable by Tenant to Landlord	$2,159.25

Order

Vinesh Prem Pratap and Jyotisha Prem Pratap must pay CSI Property Management Limited - as Agent for Colin and Satya Webster $2,159.25 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing yesterday by telephone with the Tribunal’s permission.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. The bond of $2,720.00 has already been refunded to the landlord. The amount of the bond has been deducted from the award. Rent Arrears
The tenancy ended on 3 November 2024 pursuant to a termination notice from the tenant. The landlord provided a rent summary which proves the amount owing at the end of the tenancy. Cleaning and Rubbish Removal
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.
The tenant did not leave the premises reasonably clean and tidy. There were some clothes hangars and other items left behind, including cleaning items in the laundry. The oven, rangehood, kitchen cupboards, and toilet needed cleaning. There were some carpet stains. 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.
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 4 weeks' rent.
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.
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.
There was damage to the walls and doors during the tenancy. There was obvious damage to the lounge wall and visible damage in the hallway (which the tenant looks to have attempted to repair). The door of bedroom 2 had several areas of visible damage. The toilet roll holder was missing in the bathroom and the blinds in bedroom 1 had been damaged. The garage carpet had been torn in one area.
There may be an element of fair wear and tear in terms of the damage to the blinds. The landlord acknowledged that they are quite thin and possibly easily damaged. I discount the award for the blinds by 50% to account for this and depreciation (the premises being about 4 years old). The award for the blinds is $425.00 plus GST.
The remaining damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The itemised repair costs for the walls, doors, and garage carpet are less than the insurance excess of $750.00.
The heat pump and rangehood were also damaged. The heat pump was missing a filter. The buttons on the rangehood had been pushed in, which the landlord suggested would have required mistreatment. The electrician has recorded that both the heat pump and rangehood damage had been caused by “vandalism”. The invoice noted the control buttons on the rangehood had been pushed in and this had blown the main circuit board. Filing Fee
The landlord’s application has been successful. The filing fee must be awarded.

Tenancy Tribunal case 5152206 — Property damage at 29 Lusitano Drive, Karaka, Papakura 2113

At a glance

Tenancy Tribunal case 5152206 — Property damage at 29 Lusitano Drive, Karaka, Papakura 2113

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions