How much money was awarded in case 4589612?

Filing Fee: $20.44 awarded to landlord; Installation Of The Cooktop: $100.00 awarded to landlord; Property Damage: $549.00 awarded to landlord; Rent Owed For 31 March And 1 April 2…: $121.43 awarded to landlord; Rubbish Removal: $58.00 awarded to landlord

What type of tenancy dispute was case 4589612?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4589612?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9346568-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4589612?

Filing Fee: $20.44 awarded to landlord; Installation Of The Cooktop: $100.00 awarded to landlord; Property Damage: $549.00 awarded to landlord; Rent Owed For 31 March And 1 April 2…: $121.43 awarded to landlord; Rubbish Removal: $58.00 awarded to landlord

What type of tenancy dispute was case 4589612?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4589612?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9346568-Tenancy_Tribunal_Order.pdf.

53A Stewart Drive, Newlands, Wellington 6037 Tenancy Tribunal Case 4589612 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4589612?

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

Order

Claims and awards in Tenancy Tribunal application 4589612 — net $848.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$58.00	Rubbish removal
Replacement cooktop	$549.00	Replacement cooktop
Rent owed for 31 March and 1 April 2023	$121.43	Rent owed for 31 March and 1 April 2023
Installation of the cooktop	$100.00	Installation of the cooktop
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$848.87
Bond	$1,275.00
Total payable by Tenant to Landlord	$848.87

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Troy Andre Tatana to pay Anoop Negi and Nivedita Karamcheti $848.87 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,275.00 (5147507-011) immediately apportioned as follows: Anoop Negi and Nivedita Karamcheti: $848.87 Troy Andre Tatana: $426.13

Reasons

The landlord attended the hearing. The tenant had been notified and the hearing went ahead.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Some claims were dismissed at the hearing because I was not provided with the invoices.

How much is owed for rent?

This tenant signed a fixed term tenancy agreement. On 16 March, before the end of the fixed term, the tenant had health issues and had to leave the tenancy premises. On 27 March the tenant advised he would be leaving that day and apologised for the short notice. The landlord took possession of the house on 1 April and advised the tenant in writing that he had taken possession. I find this tenancy terminated because the tenant delivered up vacant possession of the premises to the landlord with the landlord’s written consent. See section 50(1)(d) of the Residential Tenancies Act 1986 (RTA).

On 1 April the landlord took the rubbish to the dump. Over the next week he bought a replacement cook top and this was installed. He also had some other minor repairs done. He said new tenants moved in on 8 April.

I find the landlord can claim rent to 1 April 2023. The landlord provided rent records which prove the amount paid during the tenancy and I have calculated the rent owed.

I do not allow the claim from 2-7 April because the landlord had possession and he was completing repairs and maintenance before the new tenant moved in. The fact there was a fixed term is not the most relevant factor here. The landlord could have done nothing and claimed the rent through to the end of the fixed term. However, like most landlords in this situation, he chose the pragmatic option, took possession and got on with maintenance and repairs.

Can the landlord claim the reasonable expenses of finding a new tenant?

Section 44A RTA allows landlords to claim any expenses reasonably incurred in finding a new tenant where the tenancy has terminated pursuant to section 50(1)(d) RTA. The landlord has claimed the cost of advertising and mileage. This claim is dismissed because the landlord has not provided the tenant with an itemised account, and this is a requirement of section 44A(2) RTA.

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) RTA

The tenant did not remove all the rubbish and the landlord has claimed the dump fee. The amount ordered is 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 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. See section 49B(3)(a) RTA.

The tenant sent an email on 16 March 2023 advising the landlord that he had broken the glass cook top. The tenant accepted liability in the email. The landlord provided a photo at the hearing. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount claimed is less than the insurance excess and less than four weeks rent. The amount for the cook top is proved. I have also allowed $100 for the installation. Other orders

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4589612 — net $848.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$58.00	Rubbish removal
Replacement cooktop	$549.00	Replacement cooktop
Rent owed for 31 March and 1 April 2023	$121.43	Rent owed for 31 March and 1 April 2023
Installation of the cooktop	$100.00	Installation of the cooktop
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$848.87
Bond	$1,275.00
Total payable by Tenant to Landlord	$848.87

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Troy Andre Tatana to pay Anoop Negi and Nivedita Karamcheti $848.87 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,275.00 (5147507-011) immediately apportioned as follows: Anoop Negi and Nivedita Karamcheti: $848.87 Troy Andre Tatana: $426.13

Reasons

The landlord attended the hearing. The tenant had been notified and the hearing went ahead.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Some claims were dismissed at the hearing because I was not provided with the invoices.

How much is owed for rent?

This tenant signed a fixed term tenancy agreement. On 16 March, before the end of the fixed term, the tenant had health issues and had to leave the tenancy premises. On 27 March the tenant advised he would be leaving that day and apologised for the short notice. The landlord took possession of the house on 1 April and advised the tenant in writing that he had taken possession. I find this tenancy terminated because the tenant delivered up vacant possession of the premises to the landlord with the landlord’s written consent. See section 50(1)(d) of the Residential Tenancies Act 1986 (RTA).
On 1 April the landlord took the rubbish to the dump. Over the next week he bought a replacement cook top and this was installed. He also had some other minor repairs done. He said new tenants moved in on 8 April.
I find the landlord can claim rent to 1 April 2023. The landlord provided rent records which prove the amount paid during the tenancy and I have calculated the rent owed.
I do not allow the claim from 2-7 April because the landlord had possession and he was completing repairs and maintenance before the new tenant moved in. The fact there was a fixed term is not the most relevant factor here. The landlord could have done nothing and claimed the rent through to the end of the fixed term. However, like most landlords in this situation, he chose the pragmatic option, took possession and got on with maintenance and repairs.

Can the landlord claim the reasonable expenses of finding a new tenant?

Section 44A RTA allows landlords to claim any expenses reasonably incurred in finding a new tenant where the tenancy has terminated pursuant to section 50(1)(d) RTA. The landlord has claimed the cost of advertising and mileage. This claim is dismissed because the landlord has not provided the tenant with an itemised account, and this is a requirement of section 44A(2) RTA.

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) RTA
The tenant did not remove all the rubbish and the landlord has claimed the dump fee. The amount ordered is 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 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. See section 49B(3)(a) RTA.
The tenant sent an email on 16 March 2023 advising the landlord that he had broken the glass cook top. The tenant accepted liability in the email. The landlord provided a photo at the hearing. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount claimed is less than the insurance excess and less than four weeks rent. The amount for the cook top is proved. I have also allowed $100 for the installation. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4589612 — Property damage at 53A Stewart Drive, Newlands, Wellington 6037

At a glance

Tenancy Tribunal case 4589612 — Property damage at 53A Stewart Drive, Newlands, Wellington 6037

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Can the landlord claim the reasonable expenses of finding a new tenant?

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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Can the landlord claim the reasonable expenses of finding a new tenant?

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

Frequently asked questions