What was the outcome of Tenancy Tribunal case 4395527?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4395527?

Cleaning: $615.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Garage Remote: $69.00 awarded to landlord; Plumbing - Wastemaster: $50.00 awarded to landlord; Property Damage: $273.01 awarded to landlord; Property Damage: $2,622.00 awarded to landlord; Property Damage: $40.00 awarded to landlord; Rent Arrears: $8,000.00 awarded to landlord; Water Rates: $108.94 awarded to landlord

What type of tenancy dispute was case 4395527?

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

Where can I read the official tribunal order for case 4395527?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9291757-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4395527?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4395527?

Cleaning: $615.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Garage Remote: $69.00 awarded to landlord; Plumbing - Wastemaster: $50.00 awarded to landlord; Property Damage: $273.01 awarded to landlord; Property Damage: $2,622.00 awarded to landlord; Property Damage: $40.00 awarded to landlord; Rent Arrears: $8,000.00 awarded to landlord; Water Rates: $108.94 awarded to landlord

What type of tenancy dispute was case 4395527?

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

Where can I read the official tribunal order for case 4395527?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9291757-Tribunal_Order.pdf.

37 Thomas Road, Mangere, Auckland 2022 Tenancy Tribunal Case 4395527 — Rent arrears

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37 Thomas Road, Mangere, Auckland 2022 Tenancy Tribunal Case 4395527 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4395527 — net $8,998.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 August 2022	$8,000.00	Rent arrears to 5 August 2022
Lock/key replacement	$273.01	Lock/key replacement
Repairs	$2,622.00	Repairs
Garage remote	$69.00	Garage remote
Cleaning: garden/rubbish	$615.25	Cleaning: garden/rubbish
Water rates	$108.94	Water rates
Plumbing - wastemaster	$50.00	Plumbing - wastemaster
Chair replacement	$40.00	Chair replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,998.64
Total payable by Tenant to Landlord	$8,998.64

Claims and awards for application 4395527 — net $8,998.64 NZD. Verify on MoJ.

Rent arrears to 5 August 2022

Amount: $8,000.00
Awarded to: Landlord
Reason: Rent arrears to 5 August 2022

Lock/key replacement

Amount: $273.01
Awarded to: Landlord
Reason: Lock/key replacement

Repairs

Amount: $2,622.00
Awarded to: Landlord
Reason: Repairs

Garage remote

Amount: $69.00
Awarded to: Landlord
Reason: Garage remote

Cleaning: garden/rubbish

Amount: $615.25
Awarded to: Landlord
Reason: Cleaning: garden/rubbish

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Pettite Tavae Tiatia Saolele, Lora Saolele and Faith Saolele must pay Barfoot & Thompson Limited As Agent For Puneet Chutani And Charu Malhotra $8,998.64 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,800.00 (6220566-010) to Barfoot & Thompson Limited As Agent For Puneet Chutani And Charu Malhotra immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. The hearing proceeded in the tenant’s absence.
This matter was considered by the Tribunal on 9 June 2023 (4341749). On that day the Tribunal terminated the tenancy due to abandonment.
The landlord filed this application in September 2022. As the application was filed more than two months after the end of the tenancy section 91A of the Residential Tenancies Act (RTA) applies. On 9 June 2023 the Tribunal made an order for service to comply with section 91A.
On 10 August 2023 service was affected personally on one of the tenants and a personal service report was filed with the Tribunal. As the tenants have been served with notice of this hearing the Tribunal may hear and determine in their absence (see section 92 RTA).
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 commenced on 24 November 2021 and was for a fixed term due to end on 24 November 2022.
The tenancy was terminated on 9 June 2023 due to abandonment.
Section 61(3) RTA provides: A tenant who abandons the premises shall, notwithstanding any rule of law to the contrary, be liable to pay the rent for any period up to and including, but not after, the following date:... (b)in the case of a fixed term tenancy in the case of a fixed-term tenancy,— (i)the date of the expiry of the term; or (ii)the date of commencement of a new tenancy of the premises,- whichever is the earlier.
As the tenancy was fixed term section 61(3)(b) applies. The landlord advised that a new tenancy commenced on 6 August 2022, therefore, the tenant is liable to pay rent up to that date. The rent arrears are calculated to 5 August 2022.
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 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 tenant did not return the keys.
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 following damage was caused during the tenancy: damaged blinds, holes in walls, damaged door. 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 had applied for a further clean before the new tenancy commenced in August 2022. I have not awarded this because there was no evidence produced to show that the clean was necessary.
The landlord had also applied for the cost of reconnecting the power to enable the contractors to carry out the repairs. I have not awarded this because I am not satisfied that this is an expense attributable to the tenants.
The landlord applied for plumbing costs. I have only awarded an amount in relation to the wastemaster which need to be cleared.
Because Barfoot & Thompson Limited As Agent For Puneet Chutani And Charu Malhotra has substantially succeeded with the claim I have reimbursed the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4395527 — net $8,998.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 August 2022	$8,000.00	Rent arrears to 5 August 2022
Lock/key replacement	$273.01	Lock/key replacement
Repairs	$2,622.00	Repairs
Garage remote	$69.00	Garage remote
Cleaning: garden/rubbish	$615.25	Cleaning: garden/rubbish
Water rates	$108.94	Water rates
Plumbing - wastemaster	$50.00	Plumbing - wastemaster
Chair replacement	$40.00	Chair replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,998.64
Total payable by Tenant to Landlord	$8,998.64

Claims and awards for application 4395527 — net $8,998.64 NZD. Verify on MoJ.

Rent arrears to 5 August 2022

Amount: $8,000.00
Awarded to: Landlord
Reason: Rent arrears to 5 August 2022

Lock/key replacement

Amount: $273.01
Awarded to: Landlord
Reason: Lock/key replacement

Repairs

Amount: $2,622.00
Awarded to: Landlord
Reason: Repairs

Garage remote

Amount: $69.00
Awarded to: Landlord
Reason: Garage remote

Cleaning: garden/rubbish

Amount: $615.25
Awarded to: Landlord
Reason: Cleaning: garden/rubbish

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Pettite Tavae Tiatia Saolele, Lora Saolele and Faith Saolele must pay Barfoot & Thompson Limited As Agent For Puneet Chutani And Charu Malhotra $8,998.64 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,800.00 (6220566-010) to Barfoot & Thompson Limited As Agent For Puneet Chutani And Charu Malhotra immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. The hearing proceeded in the tenant’s absence.
This matter was considered by the Tribunal on 9 June 2023 (4341749). On that day the Tribunal terminated the tenancy due to abandonment.
The landlord filed this application in September 2022. As the application was filed more than two months after the end of the tenancy section 91A of the Residential Tenancies Act (RTA) applies. On 9 June 2023 the Tribunal made an order for service to comply with section 91A.
On 10 August 2023 service was affected personally on one of the tenants and a personal service report was filed with the Tribunal. As the tenants have been served with notice of this hearing the Tribunal may hear and determine in their absence (see section 92 RTA).
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 commenced on 24 November 2021 and was for a fixed term due to end on 24 November 2022.
The tenancy was terminated on 9 June 2023 due to abandonment.
Section 61(3) RTA provides: A tenant who abandons the premises shall, notwithstanding any rule of law to the contrary, be liable to pay the rent for any period up to and including, but not after, the following date:... (b)in the case of a fixed term tenancy in the case of a fixed-term tenancy,— (i)the date of the expiry of the term; or (ii)the date of commencement of a new tenancy of the premises,- whichever is the earlier.
As the tenancy was fixed term section 61(3)(b) applies. The landlord advised that a new tenancy commenced on 6 August 2022, therefore, the tenant is liable to pay rent up to that date. The rent arrears are calculated to 5 August 2022.
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 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 tenant did not return the keys.
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 following damage was caused during the tenancy: damaged blinds, holes in walls, damaged door. 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 had applied for a further clean before the new tenancy commenced in August 2022. I have not awarded this because there was no evidence produced to show that the clean was necessary.
The landlord had also applied for the cost of reconnecting the power to enable the contractors to carry out the repairs. I have not awarded this because I am not satisfied that this is an expense attributable to the tenants.
The landlord applied for plumbing costs. I have only awarded an amount in relation to the wastemaster which need to be cleared.
Because Barfoot & Thompson Limited As Agent For Puneet Chutani And Charu Malhotra has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4395527 — Rent arrears at 37 Thomas Road, Mangere, Auckland 2022

At a glance

Tenancy Tribunal case 4395527 — Rent arrears at 37 Thomas Road, Mangere, Auckland 2022

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