What was the outcome of Tenancy Tribunal case 4636009?

The tribunal order states: Destiny Waraki must pay Abbas Munshi and Rashida Abbas Munshi $8,963.44

How much money was awarded in case 4636009?

Cleaning: $280.00 awarded to landlord; Cleaning: $325.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $288.00 awarded to landlord; Rent Arrears: $9,250.00 awarded to landlord; Laundry Floor: $370.00 awarded to landlord; Replace Toilet Seat: $350.00 awarded to landlord

What type of tenancy dispute was case 4636009?

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

Where can I read the official tribunal order for case 4636009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9623416-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4636009?

The tribunal order states: Destiny Waraki must pay Abbas Munshi and Rashida Abbas Munshi $8,963.44

How much money was awarded in case 4636009?

Cleaning: $280.00 awarded to landlord; Cleaning: $325.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $288.00 awarded to landlord; Rent Arrears: $9,250.00 awarded to landlord; Laundry Floor: $370.00 awarded to landlord; Replace Toilet Seat: $350.00 awarded to landlord

What type of tenancy dispute was case 4636009?

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

Where can I read the official tribunal order for case 4636009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9623416-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4, 2 Granville Street, Silverstream, Upper Hutt Tenancy Tribunal Case 4636009 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4636009 — net $8,963.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14.7.23	$9,250.00	Rent arrears to 14.7.23
Carpet Cleaning	$280.00	Carpet Cleaning
Lock/key replacement	$288.00	Lock/key replacement
Clean & paint bathroom ceiling	$325.00	Clean & paint bathroom ceiling
Replace toilet seat	$350.00	Replace toilet seat
Repairs: Laundry floor	$370.00	Repairs: Laundry floor
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,963.44
Total payable by Tenant to Landlord	$8,963.44

The landlord attended the hearing. There was no appearance by the tenant.

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

How much is owed for rent?

The tenancy ended on 14 July 2023 The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 (RTA).

The tenant did not leave the premises reasonably clean and tidy with stains on the carpet which required cleaning; and some rubbish that had to be removed. There was also mould on the bathroom ceiling which required cleaning. However, the landlord says that it was ingrained and could not be removed. Therefore, the landlord re-gibbed and painted the ceiling. I have only awarded the costs claimed for cleaning and re-painting the bathroom ceiling set out in the application because the landlord did not claim the re-gibbing costs until the hearing. It is important that parties are fully and fairly informed of the claims and it is not open to the landlord to raise new claims at the hearing.

The tenant did not return the keys.

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 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: The bathroom ceiling was damaged by ingrained mould which would not clean off and required repainting; the toilet seat was broken and had to be replaced; the laundry floor was damaged, likely from a leak or overflow from the tenant’s washing machine, and some of the vinyl was also ripped. 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.

The claim for repairs to the kitchen benchtop is dismissed because the landlord was unable to provide evidence of the damage.

As the landlord has largely succeeded with the claims, I award reimbursement of the filing fee on the application.

Claims and awards in Tenancy Tribunal application 4636009 — net $8,963.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14.7.23	$9,250.00	Rent arrears to 14.7.23
Carpet Cleaning	$280.00	Carpet Cleaning
Lock/key replacement	$288.00	Lock/key replacement
Clean & paint bathroom ceiling	$325.00	Clean & paint bathroom ceiling
Replace toilet seat	$350.00	Replace toilet seat
Repairs: Laundry floor	$370.00	Repairs: Laundry floor
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,963.44
Total payable by Tenant to Landlord	$8,963.44

Order

Destiny Waraki must pay Abbas Munshi and Rashida Abbas Munshi $8,963.44 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,920.00 (6495928-001) to Abbas Munshi and Rashida Abbas Munshi immediately.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 14 July 2023 The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 (RTA).
The tenant did not leave the premises reasonably clean and tidy with stains on the carpet which required cleaning; and some rubbish that had to be removed. There was also mould on the bathroom ceiling which required cleaning. However, the landlord says that it was ingrained and could not be removed. Therefore, the landlord re-gibbed and painted the ceiling. I have only awarded the costs claimed for cleaning and re-painting the bathroom ceiling set out in the application because the landlord did not claim the re-gibbing costs until the hearing. It is important that parties are fully and fairly informed of the claims and it is not open to the landlord to raise new claims at the hearing.
The tenant did not return the keys.
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 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: The bathroom ceiling was damaged by ingrained mould which would not clean off and required repainting; the toilet seat was broken and had to be replaced; the laundry floor was damaged, likely from a leak or overflow from the tenant’s washing machine, and some of the vinyl was also ripped. 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.
The claim for repairs to the kitchen benchtop is dismissed because the landlord was unable to provide evidence of the damage.
As the landlord has largely succeeded with the claims, I award reimbursement of the filing fee on the application.

Tenancy Tribunal case 4636009 — Rent arrears at Unit/Flat 4, 2 Granville Street, Silverstream, Upper Hutt

At a glance

Tenancy Tribunal case 4636009 — Rent arrears at Unit/Flat 4, 2 Granville Street, Silverstream, Upper Hutt

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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