What was the outcome of Tenancy Tribunal case 4523810?

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

How much money was awarded in case 4523810?

____________________________________…: $788.94 awarded to landlord; Cleaning: $339.25 awarded to landlord; Cleaning: $281.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $290.00 awarded to landlord; Rent Arrears: $5,490.00 awarded to landlord; Electrical Socket: $213.10 awarded to landlord; Reset Alarm Sensors: $115.00 awarded to landlord; Property Damage: $650.00 awarded to landlord; Property Damage: $1,950.00 awarded to landlord; Waste Disposal: $515.70 awarded to landlord

What type of tenancy dispute was case 4523810?

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

Where can I read the official tribunal order for case 4523810?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9198767-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4523810?

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

How much money was awarded in case 4523810?

____________________________________…: $788.94 awarded to landlord; Cleaning: $339.25 awarded to landlord; Cleaning: $281.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $290.00 awarded to landlord; Rent Arrears: $5,490.00 awarded to landlord; Electrical Socket: $213.10 awarded to landlord; Reset Alarm Sensors: $115.00 awarded to landlord; Property Damage: $650.00 awarded to landlord; Property Damage: $1,950.00 awarded to landlord; Waste Disposal: $515.70 awarded to landlord

What type of tenancy dispute was case 4523810?

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

Where can I read the official tribunal order for case 4523810?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9198767-Tribunal_Order.pdf.

18B Crestview Rise, Papakura, Papakura 2110 Tenancy Tribunal Case 4523810 — Rent arrears

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18B Crestview Rise, Papakura, Papakura 2110 Tenancy Tribunal Case 4523810 — 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 4523810 — net $9,993.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 April 2023	$5,490.00	Rent arrears to 7 April 2023
Repairs: Walls, doors and stairwell (insurance excess x 3	$1,950.00	Repairs: Walls, doors and stairwell (insurance excess x 3
Pest control: Treatment and follow up	$290.00	Pest control: Treatment and follow up
Repairs: Waste disposal	$515.70	Repairs: Waste disposal
Cleaning	$281.75	Cleaning
Repairs: Vanity insurance excess	$650.00	Repairs: Vanity insurance excess
Repairs: Reset alarm sensors	$115.00	Repairs: Reset alarm sensors
Carpet Cleaning	$339.25	Carpet Cleaning
Repairs: Electrical socket	$213.10	Repairs: Electrical socket
__________________________________________________________________________________ 45238102 Advertising costs	$788.94	__________________________________________________________________________________ 45238102 Advertising costs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,993.41
Total payable by Tenant to Landlord	$9,993.41

Claims and awards for application 4523810 — net $9,993.41 NZD. Verify on MoJ.

Rent arrears to 7 April 2023

Amount: $5,490.00
Awarded to: Landlord
Reason: Rent arrears to 7 April 2023

Repairs: Walls, doors and stairwell (insurance excess x 3

Amount: $1,950.00
Awarded to: Landlord
Reason: Repairs: Walls, doors and stairwell (insurance excess x 3

Pest control: Treatment and follow up

Amount: $290.00
Awarded to: Landlord
Reason: Pest control: Treatment and follow up

Repairs: Waste disposal

Amount: $515.70
Awarded to: Landlord
Reason: Repairs: Waste disposal

Cleaning

Amount: $281.75
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Pest Control Rent arrears Property damage

Order

This is an Amended Order to include the Landlords award for rent arrears. No further changes have been made to these Orders.

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Jahvana Whanga Katipa Jack must pay Oracle Property Management Limited As Agent For Dharmesh Suratwala $9,993.41 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $660.77 (6447574-010) to Oracle Property Management Limited As Agent For Dharmesh Suratwala immediately.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
This was a brand-new property before the Tenants moved in. The Tenants signed a fixed term tenancy for the 15 April 2022 to 14 April 2023. It ended prematurely on 25 January 2023 because the Tenants caused multiple breaches.

How much is owed in rent?

A new tenancy commenced on 8 April 2023. The Landlord provided rent records which prove the amount owing at the end of the tenancy being $5490.00.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The Tenant did not leave the premises reasonably clean and tidy. The premises required surface wiping, vacuuming and mopping. The oven and rangehood were dirty. There were rags left behind in the sink and dead cockroaches in the bathroom. An outgoing inspection report and an invoice for the cleaning was provided.
The carpets required cleaning as there were multiple blue and brown stains. The Landlord was uncertain if they were food or liquid stains. An ingoing and outgoing inspection report was provided along with an invoice for the cleaning.
The Landlord discovered an infestation of cockroaches when they conducted the outgoing inspection. The cockroaches were mainly concentrated in the downstairs bedrooms which the Landlord was advised by pest control, could have been brought in with the Tenant’s furniture because the property was brand new. An invoice was provided for the treatment.
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: Damage to the vanity, alarm, waste disposal unit, walls, doors and stairwell and electrical socket. a) Vanity: The Landlord discovered during a routine inspection in October 2022, a large piece of the basin had broken off and the damage appeared to be caused by considerable force. An ingoing and outgoing inspection report and invoice for repair was provided. The damage was covered by insurance so the Landlord claimed for the excess. b) Alarm: The house alarm needed to be reset. The Tenant had covered the sensors with socks. An invoice was provided for the repair. c) Waste disposal unit: The waste disposal unit was not working and the Plumber discovered bottle caps and sharp objects thrown into it. An invoice was provided for the repair. d) Walls, doors and stairwell: The walls throughout the premises were damaged with holes that appeared as if they had been caused by punches or kicks. Three of the bedrooms required replastering, gibbing and painting. The door of the main bedroom had a hole which appeared to be from a punch. The third bedroom had multiple nail marks on the walls and gouges on the door. The stair well hand-rail was pulled out of the wall. The kitchen area and corner of the wall had multiple gouges. The ingoing and outgoing inspection reports and invoice for the repairs was provided. e) Electrical socket: the Landlord discovered a phone plug in a bedroom socket which appeared to have burnt through the power socket. The socket required repairing. An invoice was provided for the repair and the ingoing inspection report.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Advertising costs
The Landlord has claimed for costs to find replacement tenants because the fixed term tenancy ended prematurely. An invoice with a breakdown of fees was provided. I am satisfied the fees to find new Tenants including advertising fees are reasonable. The amount ordered is proved.
As Oracle Property Management Limited As Agent For Dharmesh Suratwala has wholly succeeded with the claim the Tenant must reimburse the filing fee.
Name suppression has not been granted as the Landlord did not request it.

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 4523810 — net $9,993.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 April 2023	$5,490.00	Rent arrears to 7 April 2023
Repairs: Walls, doors and stairwell (insurance excess x 3	$1,950.00	Repairs: Walls, doors and stairwell (insurance excess x 3
Pest control: Treatment and follow up	$290.00	Pest control: Treatment and follow up
Repairs: Waste disposal	$515.70	Repairs: Waste disposal
Cleaning	$281.75	Cleaning
Repairs: Vanity insurance excess	$650.00	Repairs: Vanity insurance excess
Repairs: Reset alarm sensors	$115.00	Repairs: Reset alarm sensors
Carpet Cleaning	$339.25	Carpet Cleaning
Repairs: Electrical socket	$213.10	Repairs: Electrical socket
__________________________________________________________________________________ 45238102 Advertising costs	$788.94	__________________________________________________________________________________ 45238102 Advertising costs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,993.41
Total payable by Tenant to Landlord	$9,993.41

Claims and awards for application 4523810 — net $9,993.41 NZD. Verify on MoJ.

Rent arrears to 7 April 2023

Amount: $5,490.00
Awarded to: Landlord
Reason: Rent arrears to 7 April 2023

Repairs: Walls, doors and stairwell (insurance excess x 3

Amount: $1,950.00
Awarded to: Landlord
Reason: Repairs: Walls, doors and stairwell (insurance excess x 3

Pest control: Treatment and follow up

Amount: $290.00
Awarded to: Landlord
Reason: Pest control: Treatment and follow up

Repairs: Waste disposal

Amount: $515.70
Awarded to: Landlord
Reason: Repairs: Waste disposal

Cleaning

Amount: $281.75
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Pest Control Rent arrears Property damage

Order

This is an Amended Order to include the Landlords award for rent arrears. No further changes have been made to these Orders.

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Jahvana Whanga Katipa Jack must pay Oracle Property Management Limited As Agent For Dharmesh Suratwala $9,993.41 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $660.77 (6447574-010) to Oracle Property Management Limited As Agent For Dharmesh Suratwala immediately.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
This was a brand-new property before the Tenants moved in. The Tenants signed a fixed term tenancy for the 15 April 2022 to 14 April 2023. It ended prematurely on 25 January 2023 because the Tenants caused multiple breaches.

How much is owed in rent?

A new tenancy commenced on 8 April 2023. The Landlord provided rent records which prove the amount owing at the end of the tenancy being $5490.00.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The Tenant did not leave the premises reasonably clean and tidy. The premises required surface wiping, vacuuming and mopping. The oven and rangehood were dirty. There were rags left behind in the sink and dead cockroaches in the bathroom. An outgoing inspection report and an invoice for the cleaning was provided.
The carpets required cleaning as there were multiple blue and brown stains. The Landlord was uncertain if they were food or liquid stains. An ingoing and outgoing inspection report was provided along with an invoice for the cleaning.
The Landlord discovered an infestation of cockroaches when they conducted the outgoing inspection. The cockroaches were mainly concentrated in the downstairs bedrooms which the Landlord was advised by pest control, could have been brought in with the Tenant’s furniture because the property was brand new. An invoice was provided for the treatment.
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: Damage to the vanity, alarm, waste disposal unit, walls, doors and stairwell and electrical socket. a) Vanity: The Landlord discovered during a routine inspection in October 2022, a large piece of the basin had broken off and the damage appeared to be caused by considerable force. An ingoing and outgoing inspection report and invoice for repair was provided. The damage was covered by insurance so the Landlord claimed for the excess. b) Alarm: The house alarm needed to be reset. The Tenant had covered the sensors with socks. An invoice was provided for the repair. c) Waste disposal unit: The waste disposal unit was not working and the Plumber discovered bottle caps and sharp objects thrown into it. An invoice was provided for the repair. d) Walls, doors and stairwell: The walls throughout the premises were damaged with holes that appeared as if they had been caused by punches or kicks. Three of the bedrooms required replastering, gibbing and painting. The door of the main bedroom had a hole which appeared to be from a punch. The third bedroom had multiple nail marks on the walls and gouges on the door. The stair well hand-rail was pulled out of the wall. The kitchen area and corner of the wall had multiple gouges. The ingoing and outgoing inspection reports and invoice for the repairs was provided. e) Electrical socket: the Landlord discovered a phone plug in a bedroom socket which appeared to have burnt through the power socket. The socket required repairing. An invoice was provided for the repair and the ingoing inspection report.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Advertising costs
The Landlord has claimed for costs to find replacement tenants because the fixed term tenancy ended prematurely. An invoice with a breakdown of fees was provided. I am satisfied the fees to find new Tenants including advertising fees are reasonable. The amount ordered is proved.
As Oracle Property Management Limited As Agent For Dharmesh Suratwala has wholly succeeded with the claim the Tenant must reimburse the filing fee.
Name suppression has not been granted as the Landlord did not request it.

Tenancy Tribunal case 4523810 — Rent arrears at 18B Crestview Rise, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4523810 — Rent arrears at 18B Crestview Rise, Papakura, Papakura 2110

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed in rent?

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 in rent?

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