How much money was awarded in case 4597170?

Cleaning: $800.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $103.50 awarded to landlord; Rent Arrears: $8,225.71 awarded to landlord; Door: $92.00 awarded to landlord; Property Damage: $350.00 awarded to landlord; Replace Furnishings: Dishwasher: $650.00 awarded to landlord; Replace Furnishings: Fridge: $700.00 awarded to landlord; Rubbish Removal: $80.00 awarded to landlord

What type of tenancy dispute was case 4597170?

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

Where can I read the official tribunal order for case 4597170?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9581355-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4597170?

Cleaning: $800.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $103.50 awarded to landlord; Rent Arrears: $8,225.71 awarded to landlord; Door: $92.00 awarded to landlord; Property Damage: $350.00 awarded to landlord; Replace Furnishings: Dishwasher: $650.00 awarded to landlord; Replace Furnishings: Fridge: $700.00 awarded to landlord; Rubbish Removal: $80.00 awarded to landlord

What type of tenancy dispute was case 4597170?

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

Where can I read the official tribunal order for case 4597170?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9581355-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4597170 — Rent arrears

Q: What was Tenancy Tribunal case 4597170 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4597170 — net $11,021.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$8,225.71	Rent arrears
Cleaning	$800.00	Cleaning
Replace furnishings: Fridge	$700.00	Replace furnishings: Fridge
Replace furnishings: Dishwasher	$650.00	Replace furnishings: Dishwasher
Rubbish removal	$80.00	Rubbish removal
Lock/key replacement	$103.50	Lock/key replacement
Repairs: Door	$92.00	Repairs: Door
Replace furnishings: Curtains & Blinds and associated repairs	$350.00	Replace furnishings: Curtains & Blinds and associated repairs
Filing Fee	$20.44	Filing Fee
Net award	$11,021.65
Total payable by Tenant to Landlord	$11,021.65

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

MD Liton Biswas must pay [The landlord/s] $11,021.65 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$8,225.71 Cleaning$800.00 Replace furnishings: Fridge$700.00 Replace furnishings: Dishwasher$650.00 Rubbish removal$80.00 Lock/key replacement$103.50 Repairs: Door$92.00 Replace furnishings: Curtains & Blinds and associated repairs $350.00 Filing Fee$20.44 Total payable by Tenant to Landlord$11,021.65

The tenant’s application is dismissed.

Reasons

Both parties attended the hearing.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

The tenant has applied for exemplary damages for the landlord failing to provide information at the start of the tenancy.

How much is owed for rent?

The tenancy was for a fixed term to 6 June 2023.

However, the tenant purported to terminate the tenancy early, in August 2022. A tenant is liable for rent to the end of the fixed term or the start of a new tenancy, whichever is earlier.

The landlord established that a new tenancy started on 18 November 2022 and claimed rent to that date. The landlord provided rent records that prove the amount of $8,225.71 owing for rent.

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. Both parties provided photographs and claimed that they were taken at the end of the tenancy. The photographs were inconsistent; the landlord’s clearly demonstrating that the property was not reasonably clean and tidy and the tenant’s showing the property in almost pristine condition. The landlord has the onus of establishing its claim and handed up her telephone which had date stamped photographs from 9 August 2022 confirming the condition of the property at the end of the tenancy. The tenant said that his photographs had been taken on 6 or 7 August but could not provide date stamped photographs at the hearing.

The landlord claimed $980 for cleaning. I have awarded $800 based on the photographs provided.

A fridge provided by the landlord was missing at the end of the tenancy. The tenant had supplied a replacement fridge of inferior quality. The landlord does not want that fridge. The tenant should arrange to collect its fridge from the landlord. A replacement fridge, similar to the one that was removed would cost $1,200. The landlord has claimed $700 and I award that amount.

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.

The following damage was caused during the tenancy: the dishwasher damaged and controller broken off, door damage, lock damage to aluminium joinery and curtain and blinds damaged and some removed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord provided ingoing and outgoing photographs to prove its claims. It provided invoices and receipts for the costs claimed. I have considered betterment and depreciation. The amounts ordered are proved.

As the landlord was the successful party, I have awarded reimbursement of its Tribunal filing fee and granted its request for suppression of its details. Tenant Application

MD Liton Biswas claims the landlord has not included adequate details of the condition of the property in the tenancy agreement. He claims exemplary damages of $3,500. The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

Exemplary damages may be awarded where a party has committed an unlawful act as defined in the RTA. See section 109(3) and Schedule 1A RTA.

If the party committed the unlawful act intentionally, the Tribunal may award exemplary damages if it is satisfied that it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest.

At the hearing, I asked Mr Biswas to identify the specific unlawful act he claims the landlord has committed. He referred me to s13A(1CA) RTA. Under that provision, a landlord must include in the tenancy agreement a statement, made and signed by the landlord,— a. that, on and after the commencement of the tenancy, the landlord will comply with the healthy homes standards as required by section 45(1)(bb) or 66I(1)(bb) (as the case may be); and b. including the information (if any) prescribed by regulations under section 138B(5).

Breaching these obligations is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $750.00. See section 13(1F)(a) and Schedule 1A Residential Tenancies Act 1986. That is, the maximum that can be awarded in relation to Mr Biswas’ claim is $750; not the $3,500 claimed.

This tenancy agreement was signed around the time that healthy homes information was to be included in a tenancy agreement. The agreement included the healthy homes standard statement provided by tenancy services at that time.

Mr Biswas has failed to establish that the landlord breached any obligation to provide information in the tenancy agreement. The tenant’s cross application is dismissed.

Claims and awards in Tenancy Tribunal application 4597170 — net $11,021.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$8,225.71	Rent arrears
Cleaning	$800.00	Cleaning
Replace furnishings: Fridge	$700.00	Replace furnishings: Fridge
Replace furnishings: Dishwasher	$650.00	Replace furnishings: Dishwasher
Rubbish removal	$80.00	Rubbish removal
Lock/key replacement	$103.50	Lock/key replacement
Repairs: Door	$92.00	Repairs: Door
Replace furnishings: Curtains & Blinds and associated repairs	$350.00	Replace furnishings: Curtains & Blinds and associated repairs
Filing Fee	$20.44	Filing Fee
Net award	$11,021.65
Total payable by Tenant to Landlord	$11,021.65

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
MD Liton Biswas must pay [The landlord/s] $11,021.65 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$8,225.71 Cleaning$800.00 Replace furnishings: Fridge$700.00 Replace furnishings: Dishwasher$650.00 Rubbish removal$80.00 Lock/key replacement$103.50 Repairs: Door$92.00 Replace furnishings: Curtains & Blinds and associated repairs $350.00 Filing Fee$20.44 Total payable by Tenant to Landlord$11,021.65
The tenant’s application is dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
The tenant has applied for exemplary damages for the landlord failing to provide information at the start of the tenancy.

How much is owed for rent?

The tenancy was for a fixed term to 6 June 2023.
However, the tenant purported to terminate the tenancy early, in August 2022. A tenant is liable for rent to the end of the fixed term or the start of a new tenancy, whichever is earlier.
The landlord established that a new tenancy started on 18 November 2022 and claimed rent to that date. The landlord provided rent records that prove the amount of $8,225.71 owing for rent.

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. Both parties provided photographs and claimed that they were taken at the end of the tenancy. The photographs were inconsistent; the landlord’s clearly demonstrating that the property was not reasonably clean and tidy and the tenant’s showing the property in almost pristine condition. The landlord has the onus of establishing its claim and handed up her telephone which had date stamped photographs from 9 August 2022 confirming the condition of the property at the end of the tenancy. The tenant said that his photographs had been taken on 6 or 7 August but could not provide date stamped photographs at the hearing.
The landlord claimed $980 for cleaning. I have awarded $800 based on the photographs provided.
A fridge provided by the landlord was missing at the end of the tenancy. The tenant had supplied a replacement fridge of inferior quality. The landlord does not want that fridge. The tenant should arrange to collect its fridge from the landlord. A replacement fridge, similar to the one that was removed would cost $1,200. The landlord has claimed $700 and I award that amount.
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.
The following damage was caused during the tenancy: the dishwasher damaged and controller broken off, door damage, lock damage to aluminium joinery and curtain and blinds damaged and some removed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided ingoing and outgoing photographs to prove its claims. It provided invoices and receipts for the costs claimed. I have considered betterment and depreciation. The amounts ordered are proved.
As the landlord was the successful party, I have awarded reimbursement of its Tribunal filing fee and granted its request for suppression of its details. Tenant Application
MD Liton Biswas claims the landlord has not included adequate details of the condition of the property in the tenancy agreement. He claims exemplary damages of $3,500. The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
Exemplary damages may be awarded where a party has committed an unlawful act as defined in the RTA. See section 109(3) and Schedule 1A RTA.
If the party committed the unlawful act intentionally, the Tribunal may award exemplary damages if it is satisfied that it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest.
At the hearing, I asked Mr Biswas to identify the specific unlawful act he claims the landlord has committed. He referred me to s13A(1CA) RTA. Under that provision, a landlord must include in the tenancy agreement a statement, made and signed by the landlord,— a. that, on and after the commencement of the tenancy, the landlord will comply with the healthy homes standards as required by section 45(1)(bb) or 66I(1)(bb) (as the case may be); and b. including the information (if any) prescribed by regulations under section 138B(5).
Breaching these obligations is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $750.00. See section 13(1F)(a) and Schedule 1A Residential Tenancies Act 1986. That is, the maximum that can be awarded in relation to Mr Biswas’ claim is $750; not the $3,500 claimed.
This tenancy agreement was signed around the time that healthy homes information was to be included in a tenancy agreement. The agreement included the healthy homes standard statement provided by tenancy services at that time.
Mr Biswas has failed to establish that the landlord breached any obligation to provide information in the tenancy agreement. The tenant’s cross application is dismissed.

Tenancy Tribunal case 4597170 — Rent arrears

At a glance

Tenancy Tribunal case 4597170 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for 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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for 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

Frequently asked questions