What was the outcome of Tenancy Tribunal case 4648649?

The tribunal order states: Radhika Vandhana Narayan must pay The Rent Shop Limited As Agent For

How much money was awarded in case 4648649?

Cleaning: $139.45 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $85.11 awarded to landlord; Removal Of Tyres From The Property: $6,629.29 awarded to landlord; Rent Arrears: $321.43 awarded to landlord; Fencing: $905.95 awarded to landlord; Garage Aluminium Fascia: $588.00 awarded to landlord; Painting: $1,200.00 awarded to landlord; Replace Furnishings: Blinds: $70.00 awarded to landlord; Rubbish Removal: $1,500.00 awarded to landlord

What type of tenancy dispute was case 4648649?

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

Where can I read the official tribunal order for case 4648649?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10028141-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4648649?

The tribunal order states: Radhika Vandhana Narayan must pay The Rent Shop Limited As Agent For

How much money was awarded in case 4648649?

Cleaning: $139.45 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $85.11 awarded to landlord; Removal Of Tyres From The Property: $6,629.29 awarded to landlord; Rent Arrears: $321.43 awarded to landlord; Fencing: $905.95 awarded to landlord; Garage Aluminium Fascia: $588.00 awarded to landlord; Painting: $1,200.00 awarded to landlord; Replace Furnishings: Blinds: $70.00 awarded to landlord; Rubbish Removal: $1,500.00 awarded to landlord

What type of tenancy dispute was case 4648649?

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

Where can I read the official tribunal order for case 4648649?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10028141-Tenancy_Tribunal_Order.pdf.

295C Hillview Road, Bombay, RD 3, Bombay 2579 Tenancy Tribunal Case 4648649 — Property damage

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295C Hillview Road, Bombay, RD 3, Bombay 2579 Tenancy Tribunal Case 4648649 — 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 4648649 — net $8,859.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 July 2023	$321.43	Rent arrears to 24 July 2023
Removal of tyres from the property	$6,629.29	Removal of tyres from the property
Other rubbish removal	$1,500.00	Other rubbish removal
Repairs: fencing	$905.95	Repairs: fencing
Replace furnishings: blinds	$70.00	Replace furnishings: blinds
Carpet Cleaning	$139.45	Carpet Cleaning
Repairs: garage aluminium fascia	$588.00	Repairs: garage aluminium fascia
Lawns and Garden work	$85.11	Lawns and Garden work
Repairs: painting	$1,200.00	Repairs: painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,859.67
Total payable by Tenant to Landlord	$8,859.67

Claims and awards for application 4648649 — net $8,859.67 NZD. Verify on MoJ.

Rent arrears to 24 July 2023

Amount: $321.43
Awarded to: Landlord
Reason: Rent arrears to 24 July 2023

Removal of tyres from the property

Amount: $6,629.29
Awarded to: Landlord
Reason: Removal of tyres from the property

Other rubbish removal

Amount: $1,500.00
Awarded to: Landlord
Reason: Other rubbish removal

Repairs: fencing

Amount: $905.95
Awarded to: Landlord
Reason: Repairs: fencing

Replace furnishings: blinds

Amount: $70.00
Awarded to: Landlord
Reason: Replace furnishings: blinds

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Lawns And Garden Work Rent arrears Property damage Rubbish Removal

Order

Radhika Vandhana Narayan must pay The Rent Shop Limited As Agent For Peter Kit-Mccombe And Jenny Djongianto $8,859.67 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (6216680-001) to The Rent Shop Limited As Agent For Peter Kit-Mccombe And Jenny Djongianto immediately.

Reasons

Both parties attended the hearing.
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 24 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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
I am satisfied that heaps of tyres were left behind by the tenant during the tenancy. There were no documented complaints from the tenant that the tyres were there since the beginning of the tenancy 5 years ago. If would be reasonable to expect that had tyres of that magnitude be found on the property that a tenant would report it and demand its’ removal from the property immediately.
Only 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.
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: fencing, blinds, ceiling and garage aluminium fascia. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Only 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.

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 4648649 — net $8,859.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 July 2023	$321.43	Rent arrears to 24 July 2023
Removal of tyres from the property	$6,629.29	Removal of tyres from the property
Other rubbish removal	$1,500.00	Other rubbish removal
Repairs: fencing	$905.95	Repairs: fencing
Replace furnishings: blinds	$70.00	Replace furnishings: blinds
Carpet Cleaning	$139.45	Carpet Cleaning
Repairs: garage aluminium fascia	$588.00	Repairs: garage aluminium fascia
Lawns and Garden work	$85.11	Lawns and Garden work
Repairs: painting	$1,200.00	Repairs: painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,859.67
Total payable by Tenant to Landlord	$8,859.67

Claims and awards for application 4648649 — net $8,859.67 NZD. Verify on MoJ.

Rent arrears to 24 July 2023

Amount: $321.43
Awarded to: Landlord
Reason: Rent arrears to 24 July 2023

Removal of tyres from the property

Amount: $6,629.29
Awarded to: Landlord
Reason: Removal of tyres from the property

Other rubbish removal

Amount: $1,500.00
Awarded to: Landlord
Reason: Other rubbish removal

Repairs: fencing

Amount: $905.95
Awarded to: Landlord
Reason: Repairs: fencing

Replace furnishings: blinds

Amount: $70.00
Awarded to: Landlord
Reason: Replace furnishings: blinds

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Lawns And Garden Work Rent arrears Property damage Rubbish Removal

Order

Radhika Vandhana Narayan must pay The Rent Shop Limited As Agent For Peter Kit-Mccombe And Jenny Djongianto $8,859.67 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (6216680-001) to The Rent Shop Limited As Agent For Peter Kit-Mccombe And Jenny Djongianto immediately.

Reasons

Both parties attended the hearing.
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 24 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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
I am satisfied that heaps of tyres were left behind by the tenant during the tenancy. There were no documented complaints from the tenant that the tyres were there since the beginning of the tenancy 5 years ago. If would be reasonable to expect that had tyres of that magnitude be found on the property that a tenant would report it and demand its’ removal from the property immediately.
Only 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.
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: fencing, blinds, ceiling and garage aluminium fascia. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Only 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.

Tenancy Tribunal case 4648649 — Property damage at 295C Hillview Road, Bombay, RD 3, Bombay 2579

At a glance

Tenancy Tribunal case 4648649 — Property damage at 295C Hillview Road, Bombay, RD 3, Bombay 2579

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

Property management

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

Property management

Frequently asked questions