What was the outcome of Tenancy Tribunal case 5244011?

The tribunal order states: Niraj Karki must pay Fair Rentals Limited As Agent For Ashok Suares $283.78

How much money was awarded in case 5244011?

Cleaning: $230.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $195.50 awarded to landlord; Lightbulbs: $287.50 awarded to landlord; Pest Control: $287.50 awarded to landlord; Property Damage: $575.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Door Lock: $46.00 awarded to landlord; Front Door: $207.00 awarded to landlord; Rubbish Removal: $646.30 awarded to landlord; Water Rates: $131.98 awarded to landlord

What type of tenancy dispute was case 5244011?

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

Where can I read the official tribunal order for case 5244011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13009153-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5244011?

The tribunal order states: Niraj Karki must pay Fair Rentals Limited As Agent For Ashok Suares $283.78

How much money was awarded in case 5244011?

Cleaning: $230.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $195.50 awarded to landlord; Lightbulbs: $287.50 awarded to landlord; Pest Control: $287.50 awarded to landlord; Property Damage: $575.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Door Lock: $46.00 awarded to landlord; Front Door: $207.00 awarded to landlord; Rubbish Removal: $646.30 awarded to landlord; Water Rates: $131.98 awarded to landlord

What type of tenancy dispute was case 5244011?

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

Where can I read the official tribunal order for case 5244011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13009153-Tribunal_Order.pdf.

22A Oriana Avenue, Lynfield, Auckland 1042 Tenancy Tribunal Case 5244011 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5244011 — net $283.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$131.98	Water rates
Cleaning	$230.00	Cleaning
Repairs	$575.00	Repairs
Light bulbs/batteries	$287.50	Light bulbs/batteries
Rubbish removal	$646.30	Rubbish removal
Lawns and Garden work	$195.50	Lawns and Garden work
Repairs: Door lock	$46.00	Repairs: Door lock
Repairs: Front door	$207.00	Repairs: Front door
Curtain replacement	$250.00	Curtain replacement
Pest control	$287.50	Pest control
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$283.78
Total payable by Tenant to Landlord	$283.78

The landlord attended the hearing. The tenant did not attend the hearing.

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 tenancy ended on 11 June 2025. There are no rent arrears owed. That part of the landlord’s claim is dismissed.

The order made by the Tribunal on 6 October 2025 confirmed that the tenant owed $131.98 for water. That amount is included in this order.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The following chattels were missing at the end of the tenancy: two curtains (bedroom 1 and 2). The landlord had to replace light bulbs.

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 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: wall damage, front door damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

The landlord claimed for window latches, door stops, kitchen cupboard hinges and handles, curtains in the dining room, glass repair in the pergola, leaking shower head and light holders. Due to insufficient evidence these claims were dismissed.

Because Fair Rentals Limited As Agent For Ashok Suares has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5244011 — net $283.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$131.98	Water rates
Cleaning	$230.00	Cleaning
Repairs	$575.00	Repairs
Light bulbs/batteries	$287.50	Light bulbs/batteries
Rubbish removal	$646.30	Rubbish removal
Lawns and Garden work	$195.50	Lawns and Garden work
Repairs: Door lock	$46.00	Repairs: Door lock
Repairs: Front door	$207.00	Repairs: Front door
Curtain replacement	$250.00	Curtain replacement
Pest control	$287.50	Pest control
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$283.78
Total payable by Tenant to Landlord	$283.78

Order

Niraj Karki must pay Fair Rentals Limited As Agent For Ashok Suares $283.78 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (5526482-013) to Fair Rentals Limited As Agent For Ashok Suares immediately.

The remaining claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
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 tenancy ended on 11 June 2025. There are no rent arrears owed. That part of the landlord’s claim is dismissed.
The order made by the Tribunal on 6 October 2025 confirmed that the tenant owed $131.98 for water. That amount is included in this order.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The following chattels were missing at the end of the tenancy: two curtains (bedroom 1 and 2). The landlord had to replace light bulbs.
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 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: wall damage, front door damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord claimed for window latches, door stops, kitchen cupboard hinges and handles, curtains in the dining room, glass repair in the pergola, leaking shower head and light holders. Due to insufficient evidence these claims were dismissed.
Because Fair Rentals Limited As Agent For Ashok Suares has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5244011 — Property damage at 22A Oriana Avenue, Lynfield, Auckland 1042

At a glance

Tenancy Tribunal case 5244011 — Property damage at 22A Oriana Avenue, Lynfield, Auckland 1042

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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