What was the outcome of Tenancy Tribunal case 4698250?

The tribunal order states: Swastika Devi Nair to pay M2 Real Estate Limited Acting Agent For Jamy

How much money was awarded in case 4698250?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $85.71 awarded to landlord; Water Rates: $222.60 awarded to landlord

What type of tenancy dispute was case 4698250?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4698250?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10027794-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4698250?

The tribunal order states: Swastika Devi Nair to pay M2 Real Estate Limited Acting Agent For Jamy

How much money was awarded in case 4698250?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $85.71 awarded to landlord; Water Rates: $222.60 awarded to landlord

What type of tenancy dispute was case 4698250?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4698250?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10027794-Tenancy_Tribunal_Order.pdf.

3 Hibernian Drive, Ranui, Auckland 0612 Tenancy Tribunal Case 4698250 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4698250 — net $328.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 August 2023	$85.71	Rent arrears to 25 August 2023
Water rates	$222.60	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$328.75
Bond	$2,320.00
Total payable by Tenant to Landlord	$328.75

Swastika Devi Nair to pay M2 Real Estate Limited Acting Agent For Jamy Gulab Kaur $328.75 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,320.00 (3542949-003) immediately apportioned as follows: M2 Real Estate Limited Acting Agent For Jamy Gulab Kaur: $328.75 Swastika Devi Nair: $1,991.25

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 and water rates?

The tenancy ended on 25 August 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The tenant acknowledged that these amounts were owing.

The landlord applied for compensation in relation to cleaning, broken windows, damaged walls, ceilings requiring painting and carpet replacement (part claim).

The tenancy began on 22 January 2021. The landlord produced a pre tenancy inspection report dated 22 April 2023. Attached to the report were photographs that were not dated. The photographs did not show any detail and did not include all rooms.

The landlord produced a post tenancy inspection report dated 28 August 2023. Attached to that report were many detailed photographs. At the back of the report were also photographs taken during renovation, such as when the lounge window was replaced, but these are not dated.

The landlord advised that the tenant was given an opportunity to return to the premises to carry out cleaning and repairs. The tenant advised that they returned on 2 September 2023 and spent the day cleaning and painting. The tenant produced some photographs showing the premises after they had carried out further cleaning and some of those photographs had been sent to the landlord on the following day.

The landlord seeks claims for cleaning and damage prior to the tenant carrying out the extra cleaning. The landlord should have produced updated photographs in support of the claim.

The onus is on the landlord to produce sufficient evidence to support the claims. As this has not happened the claims for compensation are dismissed due to a lack of evidence. In addition, I dismiss the following specific claims for these reasons also; a. Kitchen cabinets – there is no evidence of the condition of the cabinets at the commencement of the tenancy. Water is a key element in a kitchen and if it is used in a normal way the cabinets should not be so badly affected by water ingress. On the evidence it appears that the cabinets are old and no longer fit for purpose. b. Windows – it is not clear from the photographs produced that the window damage was caused by the tenant. There was a cat door in the window that was replaced, and the crack originates from the edge of the cat door. The evidence does not support the tenant being responsible for the cracked glass. c. Cleaning – the photographs show the cleaning required before the tenant returned to the premises to carry out further cleaning. The photographs produced by the tenant show that the premises were reasonably clean. d. Painting – the tenant’s evidence is that they returned to the premises and undertook some painting where there was writing on the walls as well as the ceiling in the lounge. In addition, the tenant’s evidence is that there were several holes in the walls caused by rodents and the landlord had been advised of this during the tenancy but took no steps. After the painting carried out by the tenant the landlord did not produce any updated photographs. e. Carpet replacement – the landlord sought $1,500.00 toward the replacement of the carpet. The photographs show that the carpet was coming apart at the joins. The tenant says that the carpet was deteriorating when they vacuumed and the hole in the carpet was caused by the rodents. There are some minor stains, but it is not clear that these were caused by this tenant as the carpet is at least ten years old.

Because M2 Real Estate Limited Acting Agent For Jamy Gulab Kaur has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4698250 — net $328.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 August 2023	$85.71	Rent arrears to 25 August 2023
Water rates	$222.60	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$328.75
Bond	$2,320.00
Total payable by Tenant to Landlord	$328.75

Order

Swastika Devi Nair to pay M2 Real Estate Limited Acting Agent For Jamy Gulab Kaur $328.75 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,320.00 (3542949-003) immediately apportioned as follows: M2 Real Estate Limited Acting Agent For Jamy Gulab Kaur: $328.75 Swastika Devi Nair: $1,991.25

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 and water rates?

The tenancy ended on 25 August 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The tenant acknowledged that these amounts were owing.
The landlord applied for compensation in relation to cleaning, broken windows, damaged walls, ceilings requiring painting and carpet replacement (part claim).
The tenancy began on 22 January 2021. The landlord produced a pre tenancy inspection report dated 22 April 2023. Attached to the report were photographs that were not dated. The photographs did not show any detail and did not include all rooms.
The landlord produced a post tenancy inspection report dated 28 August 2023. Attached to that report were many detailed photographs. At the back of the report were also photographs taken during renovation, such as when the lounge window was replaced, but these are not dated.
The landlord advised that the tenant was given an opportunity to return to the premises to carry out cleaning and repairs. The tenant advised that they returned on 2 September 2023 and spent the day cleaning and painting. The tenant produced some photographs showing the premises after they had carried out further cleaning and some of those photographs had been sent to the landlord on the following day.
The landlord seeks claims for cleaning and damage prior to the tenant carrying out the extra cleaning. The landlord should have produced updated photographs in support of the claim.
The onus is on the landlord to produce sufficient evidence to support the claims. As this has not happened the claims for compensation are dismissed due to a lack of evidence. In addition, I dismiss the following specific claims for these reasons also; a. Kitchen cabinets – there is no evidence of the condition of the cabinets at the commencement of the tenancy. Water is a key element in a kitchen and if it is used in a normal way the cabinets should not be so badly affected by water ingress. On the evidence it appears that the cabinets are old and no longer fit for purpose. b. Windows – it is not clear from the photographs produced that the window damage was caused by the tenant. There was a cat door in the window that was replaced, and the crack originates from the edge of the cat door. The evidence does not support the tenant being responsible for the cracked glass. c. Cleaning – the photographs show the cleaning required before the tenant returned to the premises to carry out further cleaning. The photographs produced by the tenant show that the premises were reasonably clean. d. Painting – the tenant’s evidence is that they returned to the premises and undertook some painting where there was writing on the walls as well as the ceiling in the lounge. In addition, the tenant’s evidence is that there were several holes in the walls caused by rodents and the landlord had been advised of this during the tenancy but took no steps. After the painting carried out by the tenant the landlord did not produce any updated photographs. e. Carpet replacement – the landlord sought $1,500.00 toward the replacement of the carpet. The photographs show that the carpet was coming apart at the joins. The tenant says that the carpet was deteriorating when they vacuumed and the hole in the carpet was caused by the rodents. There are some minor stains, but it is not clear that these were caused by this tenant as the carpet is at least ten years old.
Because M2 Real Estate Limited Acting Agent For Jamy Gulab Kaur has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4698250 — Rent arrears at 3 Hibernian Drive, Ranui, Auckland 0612

At a glance

Tenancy Tribunal case 4698250 — Rent arrears at 3 Hibernian Drive, Ranui, Auckland 0612

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Topics & place

Key findings

Property management

Frequently asked questions