What was the outcome of Tenancy Tribunal case 4454944?

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

How much money was awarded in case 4454944?

Filing Fee: $20.44 awarded to landlord; Water Rates: $396.47 awarded to landlord

What type of tenancy dispute was case 4454944?

The dispute type was not classified.

Where can I read the official tribunal order for case 4454944?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9247332-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4454944?

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

How much money was awarded in case 4454944?

Filing Fee: $20.44 awarded to landlord; Water Rates: $396.47 awarded to landlord

What type of tenancy dispute was case 4454944?

The dispute type was not classified.

Where can I read the official tribunal order for case 4454944?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9247332-Tribunal_Order.pdf.

40 Medvale Avenue, Flat Bush, Auckland 2019 Tenancy Tribunal Case 4454944 — Tenancy dispute

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40 Medvale Avenue, Flat Bush, Auckland 2019 Tenancy Tribunal Case 4454944 — Tenancy dispute | 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 4454944 — net $416.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$396.47	Water rates
Net award	$416.91
Total payable by Tenant to Landlord	$416.91

Claims and awards for application 4454944 — net $416.91 NZD. Verify on MoJ.

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Water rates

Amount: $396.47
Awarded to: Landlord
Reason: Water rates

Net award

Landlord $416.91

Total payable by Tenant to Landlord

Landlord $416.91

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Harjot Singh must pay The Rent Shop Limited As Agent For Rakesh & Sandhya Ram $416.91 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, the respondent did not.
The landlord has applied for compensation, damages and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The landlord provided water rates invoices which prove the amount owing at the end of the tenancy was $396.47.

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.
The following damage was caused during the tenancy: a. Damage to a kitchen bench, and b. Damage to a bedroom’s walls requiring a repaint.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
In the written application the landlord claimed insurance excess of $500.00 for each of the two cases. Information submitted at the hearing updated the claims; the landlord had claimed insurance only for the kitchen bench, and no claim had been made for the painting.
The landlord received an insurance pay-out for the damaged kitchen bench. The amount of the pay-out was not put before the Tribunal. He and his contractor have repaired the bench and repainted the bedroom themselves. No invoices for either have been provided to the Tribunal.
I have taken into account betterment and depreciation. 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.
As there is no information available regarding the cost of repairing the bench and no information available regarding the cost of repainting the bedroom, it is not possible to calculate the loss if any, after the insurance pay-out, to the landlord. For that reason I am dismissing these two claims.
Because The Rent Shop Limited As Agent For Rakesh & Sandhya Ram 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 4454944 — net $416.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$396.47	Water rates
Net award	$416.91
Total payable by Tenant to Landlord	$416.91

Claims and awards for application 4454944 — net $416.91 NZD. Verify on MoJ.

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Water rates

Amount: $396.47
Awarded to: Landlord
Reason: Water rates

Net award

Landlord $416.91

Total payable by Tenant to Landlord

Landlord $416.91

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Harjot Singh must pay The Rent Shop Limited As Agent For Rakesh & Sandhya Ram $416.91 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, the respondent did not.
The landlord has applied for compensation, damages and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The landlord provided water rates invoices which prove the amount owing at the end of the tenancy was $396.47.

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.
The following damage was caused during the tenancy: a. Damage to a kitchen bench, and b. Damage to a bedroom’s walls requiring a repaint.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
In the written application the landlord claimed insurance excess of $500.00 for each of the two cases. Information submitted at the hearing updated the claims; the landlord had claimed insurance only for the kitchen bench, and no claim had been made for the painting.
The landlord received an insurance pay-out for the damaged kitchen bench. The amount of the pay-out was not put before the Tribunal. He and his contractor have repaired the bench and repainted the bedroom themselves. No invoices for either have been provided to the Tribunal.
I have taken into account betterment and depreciation. 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.
As there is no information available regarding the cost of repairing the bench and no information available regarding the cost of repainting the bedroom, it is not possible to calculate the loss if any, after the insurance pay-out, to the landlord. For that reason I am dismissing these two claims.
Because The Rent Shop Limited As Agent For Rakesh & Sandhya Ram has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4454944 — Tenancy dispute at 40 Medvale Avenue, Flat Bush, Auckland 2019

At a glance

Tenancy Tribunal case 4454944 — Tenancy dispute at 40 Medvale Avenue, Flat Bush, Auckland 2019

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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 water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions