What was the outcome of Tenancy Tribunal case 4472867?

The tribunal order states: Natasha Noel must pay The Rent Shop Limited As Agent For Vaibhav &

How much money was awarded in case 4472867?

Cleaning: $460.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,578.57 awarded to landlord; Doors, Walls: $2,212.31 awarded to landlord; Sliding Door: $322.00 awarded to landlord; Rubbish Removal: $753.25 awarded to landlord; Water Rates: $954.17 awarded to landlord

What type of tenancy dispute was case 4472867?

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

Where can I read the official tribunal order for case 4472867?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9406743-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4472867?

The tribunal order states: Natasha Noel must pay The Rent Shop Limited As Agent For Vaibhav &

How much money was awarded in case 4472867?

Cleaning: $460.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,578.57 awarded to landlord; Doors, Walls: $2,212.31 awarded to landlord; Sliding Door: $322.00 awarded to landlord; Rubbish Removal: $753.25 awarded to landlord; Water Rates: $954.17 awarded to landlord

What type of tenancy dispute was case 4472867?

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

Where can I read the official tribunal order for case 4472867?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9406743-Tenancy_Tribunal_Order.pdf.

45 Tumu Road, Papakura, Papakura 2110 Tenancy Tribunal Case 4472867 — Property damage

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45 Tumu Road, Papakura, Papakura 2110 Tenancy Tribunal Case 4472867 — Property damage | 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 4472867 — net $3,700.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to end of tenancy	$1,578.57	Rent arrears to end of tenancy
Water rates to end of tenancy	$954.17	Water rates to end of tenancy
Rubbish removal	$753.25	Rubbish removal
Cleaning	$460.00	Cleaning
Repairs: Doors, walls	$2,212.31	f the tenancy. I have deducted 25% from the invoice and order the tenant to pay $2212.31 in compensation.
Repairs: Sliding door	$322.00	Repairs: Sliding door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,700.74
Total payable by Tenant to Landlord	$3,700.74

Claims and awards for application 4472867 — net $3,700.74 NZD. Verify on MoJ.

Rent arrears to end of tenancy

Amount: $1,578.57
Awarded to: Landlord
Reason: Rent arrears to end of tenancy

Water rates to end of tenancy

Amount: $954.17
Awarded to: Landlord
Reason: Water rates to end of tenancy

Rubbish removal

Amount: $753.25
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $460.00
Awarded to: Landlord
Reason: Cleaning

Repairs: Doors, walls

Amount: $2,212.31
Awarded to: Landlord
Reason: f the tenancy. I have deducted 25% from the invoice and order the tenant to pay $2212.31 in compensation.

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Property damage Rubbish Removal Water Rates

Order

Natasha Noel must pay The Rent Shop Limited As Agent For Vaibhav & Tejashwini Bhalki $3,700.74 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to end of tenancy$1,578.57 Water rates to end of tenancy$954.17 Rubbish removal$753.25 Cleaning$460.00 Repairs: Doors, walls$2,212.31 Repairs: Sliding door$322.00 Filing fee reimbursement$20.44 Total award$6,300.74 Minus Bond$2,600.00 Total payable by Tenant to Landlord$3,700.74

Reasons

The applicant landlord attended the hearing. There was no appearance for the tenant.
The landlord has applied for rent and water 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 25 February 2023. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy as recorded in order 1.

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 amounts ordered are proved. Photographs and invoices were provided.

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.
The following damage was caused during the tenancy: (a) Damage to walls and doors in the bedrooms and hallway. Three doors required replacement and the bedrooms and hallway were repainted. The landlord provided incoming and exit inspections and photographs in evidence. The incoming inspection refers to some marks on bedroom walls. Having considered the evidence I find that the damage to the doors, the holes where curtains have been pinned up in the bedrooms and the hole in the hallway wall is more than fair wear and tear, and the tenant has not disproved liability for the damage. The minor marks and scuff marks in the bedrooms are fair wear and tear. (b) The landlord seeks reimbursement of the sum of $2949.75 for the repairs and has provided an invoice. In considering the amount to order I have taken into account that the invoice also includes installing a toilet roll holder which is not claimed for and repairing the wear and tear marks also. I have also 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. In calculating depreciation, I have taken into account the age and condition of the paintwork at the start of the tenancy. I have deducted 25% from the invoice and order the tenant to pay $2212.31 in compensation. This amount is less than four weeks rent. (c) Damage to sliding door. The lounge sliding door was damaged and the handle and lock broken. The landlord provided entry and exit inspection photographs and an invoice for $322.00. Having considered the evidence I find that the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount of $322.00 is ordered as sought.
Because The Rent Shop Limited As Agent For Vaibhav & Tejashwini Bhalki has substantially succeeded with the claim I have reimbursed the filing fee.
No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

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 4472867 — net $3,700.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to end of tenancy	$1,578.57	Rent arrears to end of tenancy
Water rates to end of tenancy	$954.17	Water rates to end of tenancy
Rubbish removal	$753.25	Rubbish removal
Cleaning	$460.00	Cleaning
Repairs: Doors, walls	$2,212.31	f the tenancy. I have deducted 25% from the invoice and order the tenant to pay $2212.31 in compensation.
Repairs: Sliding door	$322.00	Repairs: Sliding door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,700.74
Total payable by Tenant to Landlord	$3,700.74

Claims and awards for application 4472867 — net $3,700.74 NZD. Verify on MoJ.

Rent arrears to end of tenancy

Amount: $1,578.57
Awarded to: Landlord
Reason: Rent arrears to end of tenancy

Water rates to end of tenancy

Amount: $954.17
Awarded to: Landlord
Reason: Water rates to end of tenancy

Rubbish removal

Amount: $753.25
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $460.00
Awarded to: Landlord
Reason: Cleaning

Repairs: Doors, walls

Amount: $2,212.31
Awarded to: Landlord
Reason: f the tenancy. I have deducted 25% from the invoice and order the tenant to pay $2212.31 in compensation.

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Property damage Rubbish Removal Water Rates

Order

Natasha Noel must pay The Rent Shop Limited As Agent For Vaibhav & Tejashwini Bhalki $3,700.74 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to end of tenancy$1,578.57 Water rates to end of tenancy$954.17 Rubbish removal$753.25 Cleaning$460.00 Repairs: Doors, walls$2,212.31 Repairs: Sliding door$322.00 Filing fee reimbursement$20.44 Total award$6,300.74 Minus Bond$2,600.00 Total payable by Tenant to Landlord$3,700.74

Reasons

The applicant landlord attended the hearing. There was no appearance for the tenant.
The landlord has applied for rent and water 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 25 February 2023. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy as recorded in order 1.

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 amounts ordered are proved. Photographs and invoices were provided.

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.
The following damage was caused during the tenancy: (a) Damage to walls and doors in the bedrooms and hallway. Three doors required replacement and the bedrooms and hallway were repainted. The landlord provided incoming and exit inspections and photographs in evidence. The incoming inspection refers to some marks on bedroom walls. Having considered the evidence I find that the damage to the doors, the holes where curtains have been pinned up in the bedrooms and the hole in the hallway wall is more than fair wear and tear, and the tenant has not disproved liability for the damage. The minor marks and scuff marks in the bedrooms are fair wear and tear. (b) The landlord seeks reimbursement of the sum of $2949.75 for the repairs and has provided an invoice. In considering the amount to order I have taken into account that the invoice also includes installing a toilet roll holder which is not claimed for and repairing the wear and tear marks also. I have also 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. In calculating depreciation, I have taken into account the age and condition of the paintwork at the start of the tenancy. I have deducted 25% from the invoice and order the tenant to pay $2212.31 in compensation. This amount is less than four weeks rent. (c) Damage to sliding door. The lounge sliding door was damaged and the handle and lock broken. The landlord provided entry and exit inspection photographs and an invoice for $322.00. Having considered the evidence I find that the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount of $322.00 is ordered as sought.
Because The Rent Shop Limited As Agent For Vaibhav & Tejashwini Bhalki has substantially succeeded with the claim I have reimbursed the filing fee.
No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Tenancy Tribunal case 4472867 — Property damage at 45 Tumu Road, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4472867 — Property damage at 45 Tumu Road, Papakura, Papakura 2110

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