What was the outcome of Tenancy Tribunal case 5212793?

The tribunal order states: Teia Rose Grant Jaram and Joshua Kururangi must pay Anu Kumari Kaushik

How much money was awarded in case 5212793?

Filing Fee: $27.00 awarded to landlord; House Keys And Remotes: $449.21 awarded to landlord; Window: $400.00 awarded to landlord

What type of tenancy dispute was case 5212793?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5212793?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11947826-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5212793?

The tribunal order states: Teia Rose Grant Jaram and Joshua Kururangi must pay Anu Kumari Kaushik

How much money was awarded in case 5212793?

Filing Fee: $27.00 awarded to landlord; House Keys And Remotes: $449.21 awarded to landlord; Window: $400.00 awarded to landlord

What type of tenancy dispute was case 5212793?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5212793?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11947826-Tenancy_Tribunal_Order.pdf.

88 Tramway Road, Enderley, Hamilton 3214 Tenancy Tribunal Case 5212793 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5212793 — net $876.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Window	$400.00	Repairs: Window
House keys and remotes	$449.21	House keys and remotes
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$876.21
Total payable by Tenant to Landlord	$876.21

The Landlord attended the hearing by video. The Tenants did not attend by video or answer the telephone calls made by the Tribunal.

The landlord has applied for compensation and reimbursement of the filing fee following 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 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 tenant did not return the keys and remotes for the garage. I note the Tenant was evicted. An invoice was provided to substantiate the costs to rekey the doors and provide new remotes.

The amounts ordered are proved.

The Landlord claimed for cleaning of the property. The Tenant also had a cat so the carpet required cleaning. An invoice was provided to prove the costs however there were no photographs of the property or outgoing inspection report to show that it required cleaning.

For this reason, the claim is 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.

The following damage was caused during the tenancy: Damaged window. A photograph of the window and an invoice for the repair was provided. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

As the landlords have been substantially successful, the Tenant shall reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5212793 — net $876.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Window	$400.00	Repairs: Window
House keys and remotes	$449.21	House keys and remotes
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$876.21
Total payable by Tenant to Landlord	$876.21

Order

Teia Rose Grant Jaram and Joshua Kururangi must pay Anu Kumari Kaushik and Rajneesh Kaushik $876.21 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing by video. The Tenants did not attend by video or answer the telephone calls made by the Tribunal.
The landlord has applied for compensation and reimbursement of the filing fee following 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 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 tenant did not return the keys and remotes for the garage. I note the Tenant was evicted. An invoice was provided to substantiate the costs to rekey the doors and provide new remotes.
The amounts ordered are proved.
The Landlord claimed for cleaning of the property. The Tenant also had a cat so the carpet required cleaning. An invoice was provided to prove the costs however there were no photographs of the property or outgoing inspection report to show that it required cleaning.
For this reason, the claim is 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.
The following damage was caused during the tenancy: Damaged window. A photograph of the window and an invoice for the repair was provided. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As the landlords have been substantially successful, the Tenant shall reimburse the filing fee.

Tenancy Tribunal case 5212793 — Property damage at 88 Tramway Road, Enderley, Hamilton 3214

At a glance

Tenancy Tribunal case 5212793 — Property damage at 88 Tramway Road, Enderley, Hamilton 3214

At a glance

Award balance

Claims & awards

Order

Reasons

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

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