What was Tenancy Tribunal case 4652655 about?

The tribunal order states: Nilesh Kumar must pay [The landlord/s] $9,355.43 immediately, calculated as

How much money was awarded in case 4652655?

Cleaning: $1,500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Locksmith At Eviction: $373.72 awarded to landlord; Property Damage: $592.90 awarded to landlord; Property Damage: $787.75 awarded to landlord; Rent Arrears: $5,600.00 awarded to landlord; Rubbish Removal: $390.00 awarded to landlord; Water Rates: $90.62 awarded to landlord

What type of tenancy dispute was case 4652655?

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

Where can I read the official tribunal order for case 4652655?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9970606-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4652655 about?

The tribunal order states: Nilesh Kumar must pay [The landlord/s] $9,355.43 immediately, calculated as

How much money was awarded in case 4652655?

Cleaning: $1,500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Locksmith At Eviction: $373.72 awarded to landlord; Property Damage: $592.90 awarded to landlord; Property Damage: $787.75 awarded to landlord; Rent Arrears: $5,600.00 awarded to landlord; Rubbish Removal: $390.00 awarded to landlord; Water Rates: $90.62 awarded to landlord

What type of tenancy dispute was case 4652655?

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

Where can I read the official tribunal order for case 4652655?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9970606-Tribunal_Order_Redacted.pdf.

5 Ennismore Road, Mount Albert, Auckland 1025 Tenancy Tribunal Case 4652655 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4652655 — net $9,355.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 July 2023	$5,600.00	Rent arrears to 11 July 2023
Water rates	$90.62	Water rates
Rubbish removal	$390.00	Rubbish removal
Cleaning	$1,500.00	Cleaning
Locksmith at eviction	$373.72	Locksmith at eviction
Lock/key replacement	$592.90	Lock/key replacement
Repairs	$787.75	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,355.43
Total payable by Tenant to Landlord	$9,355.43

The landlord attended the hearing. The tenant did not attend the hearing.

On the morning of the hearing the tenant sent an email to the Tribunal asking for an adjournment because he was sick. The tenant did not provide any evidence to support his request.

The request for an adjournment was not granted given that the application had been filed in August 2023 and needed to be dealt with as well as due to the lack of supporting evidence. Also, the tenant was advised that he could attend the hearing by telephone.

At the commencement of the hearing the Tribunal called the tenant on the contact phone number in the application, as he was advised would occur, but the call went to voicemail. The hearing therefore proceeded in the tenant’s absence.

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

How much is owed for rent and water rates?

The tenancy was terminated by order of the Tribunal (4551740) on 13 June 2023. The landlord was awarded rent arrears to the date of termination being 13 June 2023.

The tenant did not vacate the premises until 11 July 2023. An award is therefore made for rent arrears from 14 June 2023 until 11 July 2023.

The landlord provided water rates invoices 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.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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: broken toilet, broken wall tile, broken fence palings. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

The landlord had sought compensation for replacing a white tile and repairing and waterproofing the floor in one of the bathrooms. I am not satisfied that these are costs that the tenant should be responsible for, and I have therefore not awarded these costs.

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.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason I have suppressed the landlord’s name.

Claims and awards in Tenancy Tribunal application 4652655 — net $9,355.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 July 2023	$5,600.00	Rent arrears to 11 July 2023
Water rates	$90.62	Water rates
Rubbish removal	$390.00	Rubbish removal
Cleaning	$1,500.00	Cleaning
Locksmith at eviction	$373.72	Locksmith at eviction
Lock/key replacement	$592.90	Lock/key replacement
Repairs	$787.75	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,355.43
Total payable by Tenant to Landlord	$9,355.43

Order

Nilesh Kumar must pay [The landlord/s] $9,355.43 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
On the morning of the hearing the tenant sent an email to the Tribunal asking for an adjournment because he was sick. The tenant did not provide any evidence to support his request.
The request for an adjournment was not granted given that the application had been filed in August 2023 and needed to be dealt with as well as due to the lack of supporting evidence. Also, the tenant was advised that he could attend the hearing by telephone.
At the commencement of the hearing the Tribunal called the tenant on the contact phone number in the application, as he was advised would occur, but the call went to voicemail. The hearing therefore proceeded in the tenant’s absence.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy was terminated by order of the Tribunal (4551740) on 13 June 2023. The landlord was awarded rent arrears to the date of termination being 13 June 2023.
The tenant did not vacate the premises until 11 July 2023. An award is therefore made for rent arrears from 14 June 2023 until 11 July 2023.
The landlord provided water rates invoices 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.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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: broken toilet, broken wall tile, broken fence palings. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord had sought compensation for replacing a white tile and repairing and waterproofing the floor in one of the bathrooms. I am not satisfied that these are costs that the tenant should be responsible for, and I have therefore not awarded these costs.
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.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason I have suppressed the landlord’s name.

Tenancy Tribunal case 4652655 — Rent arrears at 5 Ennismore Road, Mount Albert, Auckland 1025

At a glance

Tenancy Tribunal case 4652655 — Rent arrears at 5 Ennismore Road, Mount Albert, Auckland 1025

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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