What was the outcome of Tenancy Tribunal case 5279117?

The tribunal order states: Hoana Maria Lee Curtis must pay Baath Rentals Limited as agent for Harmeet Singh

How much money was awarded in case 5279117?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5279117?

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

Where can I read the official tribunal order for case 5279117?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12255595-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5279117?

The tribunal order states: Hoana Maria Lee Curtis must pay Baath Rentals Limited as agent for Harmeet Singh

How much money was awarded in case 5279117?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5279117?

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

Where can I read the official tribunal order for case 5279117?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12255595-Tenancy_Tribunal_Order.pdf.

106 Mahia Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 5279117 — Property damage

Order

Hoana Maria Lee Curtis must pay Baath Rentals Limited as agent for Harmeet Singh Bhullar $649.04 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,200.00 (5598118-006) to Baath Rentals Limited as agent for Harmeet Singh Bhullar immediately. DescriptionLandlord Rent arrears to the end of 7 March 2025$457.14 Water rates$333.69 Cleaning$287.50 Rubbish removal$678.50 Window repairs$402.50 Repairs to walls$345.00 Replacing carpets$1,317.71 Filing fee reimbursement$27.00 Total award$3,849.04 Bond$3,200.00 Balance remaining that tenant owes landlord$649.04

Reasons

The hearing was conducted on Microsoft Teams.
Sujata Koirala attended for the landlord’s agent.
The tenant did not attend. The hearing proceeded in their absence.
The landlord has applied for rent and water arrears, compensation for post-tenancy remediation costs, payment over of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much does the tenant owe for rent and water?

The tenancy ended on 7 March 2025. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy for rent and water are as set out in the table above.

What does the tenant owe for breaching their end of tenancy duties?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish. 1
The landlord submitted entry and exit photographs that prove that the tenant did not leave the premises reasonably clean and tidy and did not remove all their rubbish.
The photographs show that the wooden floors had a sticky dark substance that was not there prior to the tenancy and that the tenant did not take old furniture and a number of other bulky items away.
The landlord’s agent submitted an invoice that proved the landlord’s cost to clean the premises and remove the rubbish. The amounts claimed are in keeping with the issues raised in the photographs.
The amounts ordered are proved.

Is the tenant liable for the cost of damage to the premises?

The landlord claims for the cost of replacing carpet in two bedrooms, repairing a broken window, and wall repairs.
To succeed in this claim the landlord must prove that the damage 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. 2 1 Residential Tenancies Act 1986 (RTA) s 40(1)(e). 2 RTA ss 40(2)(a), 41, and 49B.
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. 3
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. 4
The carpet in two bedrooms was badly stained and could not be removed by cleaning. The damage was more than fair wear and tear, and the tenant has not disproved liability for the damage.
I find the tenant liable for the cost of replacing the carpets. However the amount claim is reduced by the factor of 8 months over 96 months, being the age of the carpet and its expected useful life. Betterment and depreciation must be considered. 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. The Tribunal orders $1,317.71 for the carpet replacement, not $1,437.50 the landlord sought.
A photograph proved the window was broken. Other photographs show a dent in a wall and a bad stain that may have come from a child drawing on the wall. This damage is more than fair wear and tear. Other wall damage though, I am not satisfied was more than fair wear and tear. Therefore, I reduce the landlord’s claim for wall repairs from $483.00 to $345.00.
The Tribunal orders the amounts set out in the table above. Filing fee
The tenant must reimburse the landlord for the filing fee. Bond
The bond is to be paid out to the landlord to meet part of the tenant’s debt resulting from the Tribunal’s order.

Order

Hoana Maria Lee Curtis must pay Baath Rentals Limited as agent for Harmeet Singh Bhullar $649.04 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,200.00 (5598118-006) to Baath Rentals Limited as agent for Harmeet Singh Bhullar immediately. DescriptionLandlord Rent arrears to the end of 7 March 2025$457.14 Water rates$333.69 Cleaning$287.50 Rubbish removal$678.50 Window repairs$402.50 Repairs to walls$345.00 Replacing carpets$1,317.71 Filing fee reimbursement$27.00 Total award$3,849.04 Bond$3,200.00 Balance remaining that tenant owes landlord$649.04

Reasons

The hearing was conducted on Microsoft Teams.
Sujata Koirala attended for the landlord’s agent.
The tenant did not attend. The hearing proceeded in their absence.
The landlord has applied for rent and water arrears, compensation for post-tenancy remediation costs, payment over of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much does the tenant owe for rent and water?

The tenancy ended on 7 March 2025. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy for rent and water are as set out in the table above.

What does the tenant owe for breaching their end of tenancy duties?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish. 1
The landlord submitted entry and exit photographs that prove that the tenant did not leave the premises reasonably clean and tidy and did not remove all their rubbish.
The photographs show that the wooden floors had a sticky dark substance that was not there prior to the tenancy and that the tenant did not take old furniture and a number of other bulky items away.
The landlord’s agent submitted an invoice that proved the landlord’s cost to clean the premises and remove the rubbish. The amounts claimed are in keeping with the issues raised in the photographs.
The amounts ordered are proved.

Is the tenant liable for the cost of damage to the premises?

The landlord claims for the cost of replacing carpet in two bedrooms, repairing a broken window, and wall repairs.
To succeed in this claim the landlord must prove that the damage 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. 2 1 Residential Tenancies Act 1986 (RTA) s 40(1)(e). 2 RTA ss 40(2)(a), 41, and 49B.
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. 3
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. 4
The carpet in two bedrooms was badly stained and could not be removed by cleaning. The damage was more than fair wear and tear, and the tenant has not disproved liability for the damage.
I find the tenant liable for the cost of replacing the carpets. However the amount claim is reduced by the factor of 8 months over 96 months, being the age of the carpet and its expected useful life. Betterment and depreciation must be considered. 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. The Tribunal orders $1,317.71 for the carpet replacement, not $1,437.50 the landlord sought.
A photograph proved the window was broken. Other photographs show a dent in a wall and a bad stain that may have come from a child drawing on the wall. This damage is more than fair wear and tear. Other wall damage though, I am not satisfied was more than fair wear and tear. Therefore, I reduce the landlord’s claim for wall repairs from $483.00 to $345.00.
The Tribunal orders the amounts set out in the table above. Filing fee
The tenant must reimburse the landlord for the filing fee. Bond
The bond is to be paid out to the landlord to meet part of the tenant’s debt resulting from the Tribunal’s order.

Tenancy Tribunal case 5279117 — Property damage at 106 Mahia Road, Manurewa, Auckland 2102

Tenancy Tribunal case 5279117 — Property damage at 106 Mahia Road, Manurewa, Auckland 2102

Order

Reasons

How much does the tenant owe for rent and water?

What does the tenant owe for breaching their end of tenancy duties?

Is the tenant liable for the cost of damage to the premises?

Property management

Order

Reasons

How much does the tenant owe for rent and water?

What does the tenant owe for breaching their end of tenancy duties?

Is the tenant liable for the cost of damage to the premises?

Property management