What was the outcome of Tenancy Tribunal case 4595090?

The tribunal order states: Tukotahi Mahalaia Williams must pay Vinod Mistry, Savita Mistry And Mukesh

How much money was awarded in case 4595090?

Rent Arrears: $1,014.00 awarded to landlord; Fix Gib, Plaster And Paint Wall: $1,200.00 awarded to landlord

What type of tenancy dispute was case 4595090?

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

Where can I read the official tribunal order for case 4595090?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9455570-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4595090?

The tribunal order states: Tukotahi Mahalaia Williams must pay Vinod Mistry, Savita Mistry And Mukesh

How much money was awarded in case 4595090?

Rent Arrears: $1,014.00 awarded to landlord; Fix Gib, Plaster And Paint Wall: $1,200.00 awarded to landlord

What type of tenancy dispute was case 4595090?

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

Where can I read the official tribunal order for case 4595090?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9455570-Tenancy_Tribunal_Order.pdf.

1 Emerald Street, Epsom, Auckland 1023 Tenancy Tribunal Case 4595090 — Property damage

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1 Emerald Street, Epsom, Auckland 1023 Tenancy Tribunal Case 4595090 — 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 4595090 — net $1,314.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 May 2023	$1,014.00	Rent arrears to 30 May 2023
Repairs: fix gib, plaster and paint wall	$1,200.00	Repairs: fix gib, plaster and paint wall
Net award	$1,314.00
Total payable by Tenant to Landlord	$1,314.00

Claims and awards for application 4595090 — net $1,314.00 NZD. Verify on MoJ.

Rent arrears to 30 May 2023

Amount: $1,014.00
Awarded to: Landlord
Reason: Rent arrears to 30 May 2023

Repairs: fix gib, plaster and paint wall

Amount: $1,200.00
Awarded to: Landlord
Reason: Repairs: fix gib, plaster and paint wall

Net award

Landlord $1,314.00

Total payable by Tenant to Landlord

Landlord $1,314.00

Claim types — money lines allowed on this order

Rent arrears Property damage

Order

Tukotahi Mahalaia Williams must pay Vinod Mistry, Savita Mistry And Mukesh Mistry As Trustees Of Vm & S Mistry Trust $1,314.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $900.00 (6488942-001) to Vinod Mistry, Savita Mistry And Mukesh Mistry As Trustees Of Vm & S Mistry Trust immediately.

Reasons

The landlords attended the hearing. There was no appearance by the tenant.
The landlord has applied for rent arrears, compensation for repair to wall and refund of the bond following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 30 May 2023. The landlord provided rent records and agreement signed between them and the tenant which prove the amount owing at the end of the tenancy as claimed being $1,014.29.

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, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA.
The following damage was caused during the tenancy: Damage to a wall. The tenant agreed to pay the cost of the repair to the damage. It appears the damage was careless, rather than deliberate. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The invoices provided for the repair was $1,543.28. The information provided by the landlord suggests careless damage. The rent was $300.00 a week. The Tribunal can only order a maximum of $1,200.00 which is ordered as proved.
I have taken into account betterment and depreciation. In this case, the landlord indicated the premises had recently been painted and hence the full amount that can be awarded under the Residential Tenancies Act is granted.
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 4595090 — net $1,314.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 May 2023	$1,014.00	Rent arrears to 30 May 2023
Repairs: fix gib, plaster and paint wall	$1,200.00	Repairs: fix gib, plaster and paint wall
Net award	$1,314.00
Total payable by Tenant to Landlord	$1,314.00

Claims and awards for application 4595090 — net $1,314.00 NZD. Verify on MoJ.

Rent arrears to 30 May 2023

Amount: $1,014.00
Awarded to: Landlord
Reason: Rent arrears to 30 May 2023

Repairs: fix gib, plaster and paint wall

Amount: $1,200.00
Awarded to: Landlord
Reason: Repairs: fix gib, plaster and paint wall

Net award

Landlord $1,314.00

Total payable by Tenant to Landlord

Landlord $1,314.00

Claim types — money lines allowed on this order

Rent arrears Property damage

Order

Tukotahi Mahalaia Williams must pay Vinod Mistry, Savita Mistry And Mukesh Mistry As Trustees Of Vm & S Mistry Trust $1,314.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $900.00 (6488942-001) to Vinod Mistry, Savita Mistry And Mukesh Mistry As Trustees Of Vm & S Mistry Trust immediately.

Reasons

The landlords attended the hearing. There was no appearance by the tenant.
The landlord has applied for rent arrears, compensation for repair to wall and refund of the bond following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 30 May 2023. The landlord provided rent records and agreement signed between them and the tenant which prove the amount owing at the end of the tenancy as claimed being $1,014.29.

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, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA.
The following damage was caused during the tenancy: Damage to a wall. The tenant agreed to pay the cost of the repair to the damage. It appears the damage was careless, rather than deliberate. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The invoices provided for the repair was $1,543.28. The information provided by the landlord suggests careless damage. The rent was $300.00 a week. The Tribunal can only order a maximum of $1,200.00 which is ordered as proved.
I have taken into account betterment and depreciation. In this case, the landlord indicated the premises had recently been painted and hence the full amount that can be awarded under the Residential Tenancies Act is granted.
No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Tenancy Tribunal case 4595090 — Property damage at 1 Emerald Street, Epsom, Auckland 1023

At a glance

Tenancy Tribunal case 4595090 — Property damage at 1 Emerald Street, Epsom, Auckland 1023

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions