What was the outcome of Tenancy Tribunal case 4719189?

The tribunal order states: Sultan Qureshi and Anaam Umair must pay Viaduct City Rentals Limited As

How much money was awarded in case 4719189?

Cleaning: $284.63 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Power: $310.29 awarded to landlord; Property Damage: $138.00 awarded to landlord; Rent Arrears: $2,975.00 awarded to landlord; Rubbish Removal: $211.26 awarded to landlord

What type of tenancy dispute was case 4719189?

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

Where can I read the official tribunal order for case 4719189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10132449-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4719189?

The tribunal order states: Sultan Qureshi and Anaam Umair must pay Viaduct City Rentals Limited As

How much money was awarded in case 4719189?

Cleaning: $284.63 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Power: $310.29 awarded to landlord; Property Damage: $138.00 awarded to landlord; Rent Arrears: $2,975.00 awarded to landlord; Rubbish Removal: $211.26 awarded to landlord

What type of tenancy dispute was case 4719189?

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

Where can I read the official tribunal order for case 4719189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10132449-Tribunal_Order.pdf.

Unit/Flat 2607, 6 Lorne Street, Auckland Central, Auckland Tenancy Tribunal Case 4719189 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4719189 — net $1,559.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 August 2023	$2,975.00	Rent arrears to 30 August 2023
Power	$310.29	Power
Cleaning	$284.63	Cleaning
Rubbish removal	$211.26	Rubbish removal
Lock/key replacement	$138.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,559.62
Total payable by Tenant to Landlord	$1,559.62

Both parties attended the hearing by either video or telephone.

During the hearing one of the tenants, Sultan Qureshi, denied that he was a tenant as he said he did not sign the Tenancy Agreement and never lived at the premises. His evidence is that he left New Zealand on 15 June 2023 and has not returned. He says that on 15 June 2023 he separated from Ms Umair, the other tenant.

The Tenancy Agreement and the Bond lodgement form were signed by both tenants electronically. The landlord produced a tenancy application form from Mr Qureshi which states that the property was viewed on 28 June 2023 and the possession date is 30 June 2023.

It appears that Ms Umair has completed the documents on behalf of Mr Qureshi, and I note that a photocopy of his passport has been included together with employment information. It is not clear whether Ms Umair completed the documents and provided the information on Mr Qureshi’s behalf with or without his consent.

At the hearing Mr Qureshi mentioned that Ms Umair was forced to use his name to apply for the tenancy because she could only get an apartment with someone working. While Mr Qureshi stated at the hearing that Ms Umair used his electronic signature without his authority, I have reached the conclusion that Mr Qureshi was aware of this, and Ms Umair had his authority to use his signature and documents. I refer to correspondence between Ms Umair and the landlord where Mr Qureshi is copied in using his most recent email address. He was therefore fully aware of what was happening. Mr Qureshi is therefore a party to the tenancy. The fact that he did not return to New Zealand does not mean that he cannot be a party.

At the hearing Mr Qureshi sought an adjournment so that Ms Umair could file a cross application. While Ms Umair is entitled to file an application, I was not satisfied that it would be just to adjourn this application given that it was filed in October 2023, the proceedings had been adjourned from 4 March 2024 for Mr Qureshi to be served with the documents and Ms Umair had been served with the application and supporting documents on 27 October 2023. There had been sufficient opportunity for both tenants to file a cross application.

The email address for Mr Qureshi was initially incorrect and while this was changed after the last hearing, I note that the original email address used for Mr Qureshi was the email address included in both the Tenancy Agreement and the Bond lodgement form.

The request for an adjournment was declined.

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?

This is a fixed term tenancy due to end on 11 July 2024. The tenant says that she vacated the tenancy on 13 August 2023. The landlord says that they were not aware that the tenant had left the tenancy and only learnt that she had left both the tenancy and the country on 30 August 2023. The landlord seeks rent arrears to 30 August 2023.

As this is a fixed term tenancy the landlord could have sought rent arrears to the end of the tenancy or to the date that a new tenancy began. In the circumstances I accept that the landlord is entitled to rent arrears to 30 August 2023.

The landlord provided rent records and 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.

Because Viaduct City Rentals Limited As Agent For Pravin Kumar has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4719189 — net $1,559.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 August 2023	$2,975.00	Rent arrears to 30 August 2023
Power	$310.29	Power
Cleaning	$284.63	Cleaning
Rubbish removal	$211.26	Rubbish removal
Lock/key replacement	$138.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,559.62
Total payable by Tenant to Landlord	$1,559.62

Order

Sultan Qureshi and Anaam Umair must pay Viaduct City Rentals Limited As Agent For Pravin Kumar $1,559.62 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,380.00 (5499699-008) to Viaduct City Rentals Limited As Agent For Pravin Kumar immediately.

Reasons

Both parties attended the hearing by either video or telephone.
During the hearing one of the tenants, Sultan Qureshi, denied that he was a tenant as he said he did not sign the Tenancy Agreement and never lived at the premises. His evidence is that he left New Zealand on 15 June 2023 and has not returned. He says that on 15 June 2023 he separated from Ms Umair, the other tenant.
The Tenancy Agreement and the Bond lodgement form were signed by both tenants electronically. The landlord produced a tenancy application form from Mr Qureshi which states that the property was viewed on 28 June 2023 and the possession date is 30 June 2023.
It appears that Ms Umair has completed the documents on behalf of Mr Qureshi, and I note that a photocopy of his passport has been included together with employment information. It is not clear whether Ms Umair completed the documents and provided the information on Mr Qureshi’s behalf with or without his consent.
At the hearing Mr Qureshi mentioned that Ms Umair was forced to use his name to apply for the tenancy because she could only get an apartment with someone working. While Mr Qureshi stated at the hearing that Ms Umair used his electronic signature without his authority, I have reached the conclusion that Mr Qureshi was aware of this, and Ms Umair had his authority to use his signature and documents. I refer to correspondence between Ms Umair and the landlord where Mr Qureshi is copied in using his most recent email address. He was therefore fully aware of what was happening. Mr Qureshi is therefore a party to the tenancy. The fact that he did not return to New Zealand does not mean that he cannot be a party.
At the hearing Mr Qureshi sought an adjournment so that Ms Umair could file a cross application. While Ms Umair is entitled to file an application, I was not satisfied that it would be just to adjourn this application given that it was filed in October 2023, the proceedings had been adjourned from 4 March 2024 for Mr Qureshi to be served with the documents and Ms Umair had been served with the application and supporting documents on 27 October 2023. There had been sufficient opportunity for both tenants to file a cross application.
The email address for Mr Qureshi was initially incorrect and while this was changed after the last hearing, I note that the original email address used for Mr Qureshi was the email address included in both the Tenancy Agreement and the Bond lodgement form.
The request for an adjournment was declined.
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?

This is a fixed term tenancy due to end on 11 July 2024. The tenant says that she vacated the tenancy on 13 August 2023. The landlord says that they were not aware that the tenant had left the tenancy and only learnt that she had left both the tenancy and the country on 30 August 2023. The landlord seeks rent arrears to 30 August 2023.
As this is a fixed term tenancy the landlord could have sought rent arrears to the end of the tenancy or to the date that a new tenancy began. In the circumstances I accept that the landlord is entitled to rent arrears to 30 August 2023.
The landlord provided rent records and 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.
Because Viaduct City Rentals Limited As Agent For Pravin Kumar has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4719189 — Rent arrears at Unit/Flat 2607, 6 Lorne Street, Auckland Central, Auckland

At a glance

Tenancy Tribunal case 4719189 — Rent arrears at Unit/Flat 2607, 6 Lorne Street, Auckland Central, Auckland

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?

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 and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions