What was the outcome of Tenancy Tribunal case 4542578?

The tribunal order states: Ishaana Poharama, Shania Sagar and Jordana Dargaville must pay Ray White

How much money was awarded in case 4542578?

Cleaning: $160.00 awarded to landlord; Cleaning: $414.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $90.00 awarded to landlord; Rent Arrears: $2,928.04 awarded to landlord; Plaster And Painting Holes In Walls: $800.00 awarded to landlord; Water Rates: $207.94 awarded to landlord

What type of tenancy dispute was case 4542578?

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

Where can I read the official tribunal order for case 4542578?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9384582-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4542578?

The tribunal order states: Ishaana Poharama, Shania Sagar and Jordana Dargaville must pay Ray White

How much money was awarded in case 4542578?

Cleaning: $160.00 awarded to landlord; Cleaning: $414.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $90.00 awarded to landlord; Rent Arrears: $2,928.04 awarded to landlord; Plaster And Painting Holes In Walls: $800.00 awarded to landlord; Water Rates: $207.94 awarded to landlord

What type of tenancy dispute was case 4542578?

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

Where can I read the official tribunal order for case 4542578?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9384582-Tenancy_Tribunal_Order.pdf.

111 Waekahu Road, Westgate, Auckland 0814 Tenancy Tribunal Case 4542578 — Rent arrears

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111 Waekahu Road, Westgate, Auckland 0814 Tenancy Tribunal Case 4542578 — 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 4542578 — net $1,440.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 February 2023	$2,928.04	Rent arrears to 26 February 2023
Water rates: usage to end of tenancy	$207.94	Water rates: usage to end of tenancy
Cleaning	$414.00	Cleaning
Carpet Cleaning	$160.00	Carpet Cleaning
Garage Remote replacement	$90.00	Garage Remote replacement
Repairs: plaster and painting holes in walls	$800.00	Repairs: plaster and painting holes in walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,440.42
Total payable by Tenant to Landlord	$1,440.42

Claims and awards for application 4542578 — net $1,440.42 NZD. Verify on MoJ.

Rent arrears to 26 February 2023

Amount: $2,928.04
Awarded to: Landlord
Reason: Rent arrears to 26 February 2023

Water rates: usage to end of tenancy

Amount: $207.94
Awarded to: Landlord
Reason: Water rates: usage to end of tenancy

Cleaning

Amount: $414.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $160.00
Awarded to: Landlord
Reason: Carpet Cleaning

Garage Remote replacement

Amount: $90.00
Awarded to: Landlord
Reason: Garage Remote replacement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Water Rates

Order

Ishaana Poharama, Shania Sagar and Jordana Dargaville must pay Ray White Remuera Property Management Limited Acting Agent For Yz Family Trust $1,440.42 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,180.00 (6437962-008) to Ray White Remuera Property Management Limited Acting Agent For Yz Family Trust immediately.

Reasons

Both parties attended the hearing. Ms Ling Gao as agent for the landlord and Ms Ishanna Poharama in person with Ms Shania Sagar by phone.
The landlord has applied for rent arrears, water usage owing, compensation for cleaning, carpet cleaning, replacement of garage remote and for damages to walls, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Ms Sagar disputed she was responsible for the rent arrears owing saying she had moved out of the premises before the rent arrears accumulated. However, according to the variation of the tenancy agreement, all three tenants are named and are therefore jointly and severally liable for any rent and costs associated with the tenancy. Any disputes between the tenants are not able to be decided in this Tribunal.

How much is owed for rent and water rates?

The tenancy ended on 26 February 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy being $2,928.04 rent and $207.94 water.

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, including a carpet clean for stains.
The tenant did not return a garage remote.
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.
The following damage was caused during the tenancy: damage to holes in walls. The tenants disagreed with each other about the damage caused to the walls.
One tenant agreed, the other did not. The agent did not provide pre-tenancy photos for the damage but showed photos of the damage. Given this tenancy changed tenants twice during the 1-year period, and dispute regarding the damage caused, I cannot be satisfied of the level of claim and reduce the claim of $1380.00 to $800.00.
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.
Because Ray White Remuera Property Management Limited Acting Agent For Yz Family Trust 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 4542578 — net $1,440.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 February 2023	$2,928.04	Rent arrears to 26 February 2023
Water rates: usage to end of tenancy	$207.94	Water rates: usage to end of tenancy
Cleaning	$414.00	Cleaning
Carpet Cleaning	$160.00	Carpet Cleaning
Garage Remote replacement	$90.00	Garage Remote replacement
Repairs: plaster and painting holes in walls	$800.00	Repairs: plaster and painting holes in walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,440.42
Total payable by Tenant to Landlord	$1,440.42

Claims and awards for application 4542578 — net $1,440.42 NZD. Verify on MoJ.

Rent arrears to 26 February 2023

Amount: $2,928.04
Awarded to: Landlord
Reason: Rent arrears to 26 February 2023

Water rates: usage to end of tenancy

Amount: $207.94
Awarded to: Landlord
Reason: Water rates: usage to end of tenancy

Cleaning

Amount: $414.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $160.00
Awarded to: Landlord
Reason: Carpet Cleaning

Garage Remote replacement

Amount: $90.00
Awarded to: Landlord
Reason: Garage Remote replacement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Water Rates

Order

Ishaana Poharama, Shania Sagar and Jordana Dargaville must pay Ray White Remuera Property Management Limited Acting Agent For Yz Family Trust $1,440.42 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,180.00 (6437962-008) to Ray White Remuera Property Management Limited Acting Agent For Yz Family Trust immediately.

Reasons

Both parties attended the hearing. Ms Ling Gao as agent for the landlord and Ms Ishanna Poharama in person with Ms Shania Sagar by phone.
The landlord has applied for rent arrears, water usage owing, compensation for cleaning, carpet cleaning, replacement of garage remote and for damages to walls, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Ms Sagar disputed she was responsible for the rent arrears owing saying she had moved out of the premises before the rent arrears accumulated. However, according to the variation of the tenancy agreement, all three tenants are named and are therefore jointly and severally liable for any rent and costs associated with the tenancy. Any disputes between the tenants are not able to be decided in this Tribunal.

How much is owed for rent and water rates?

The tenancy ended on 26 February 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy being $2,928.04 rent and $207.94 water.

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, including a carpet clean for stains.
The tenant did not return a garage remote.
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.
The following damage was caused during the tenancy: damage to holes in walls. The tenants disagreed with each other about the damage caused to the walls.
One tenant agreed, the other did not. The agent did not provide pre-tenancy photos for the damage but showed photos of the damage. Given this tenancy changed tenants twice during the 1-year period, and dispute regarding the damage caused, I cannot be satisfied of the level of claim and reduce the claim of $1380.00 to $800.00.
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.
Because Ray White Remuera Property Management Limited Acting Agent For Yz Family Trust 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 4542578 — Rent arrears at 111 Waekahu Road, Westgate, Auckland 0814

At a glance

Tenancy Tribunal case 4542578 — Rent arrears at 111 Waekahu Road, Westgate, Auckland 0814

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