What was the outcome of Tenancy Tribunal case 4801957?

The tribunal order states: Shilviya Kumar and Rishi Karan must pay Mog Limited T/A Angel Property

How much money was awarded in case 4801957?

Cleaning: $240.01 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Power: (19/01/23 To 11/01/24: $1,588.92 awarded to landlord; Property Damage: $150.00 awarded to landlord; Rent Arrears: $735.72 awarded to landlord; Reglaze Kitchen Window: $175.95 awarded to landlord; Rubbish Removal: $706.10 awarded to landlord

What type of tenancy dispute was case 4801957?

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

Where can I read the official tribunal order for case 4801957?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10411577-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4801957?

The tribunal order states: Shilviya Kumar and Rishi Karan must pay Mog Limited T/A Angel Property

How much money was awarded in case 4801957?

Cleaning: $240.01 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Power: (19/01/23 To 11/01/24: $1,588.92 awarded to landlord; Property Damage: $150.00 awarded to landlord; Rent Arrears: $735.72 awarded to landlord; Reglaze Kitchen Window: $175.95 awarded to landlord; Rubbish Removal: $706.10 awarded to landlord

What type of tenancy dispute was case 4801957?

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

Where can I read the official tribunal order for case 4801957?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10411577-Tenancy_Tribunal_Order.pdf.

14 Marua Road, Ellerslie, Auckland 1051 Tenancy Tribunal Case 4801957 — Rent arrears

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14 Marua Road, Ellerslie, Auckland 1051 Tenancy Tribunal Case 4801957 — Rent arrears | 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 4801957 — net $2,057.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (from 23/12/23 to 11/01/24	$735.72	Rent arrears (from 23/12/23 to 11/01/24
Power: (19/01/23 to 11/01/24	$1,588.92	Power: (19/01/23 to 11/01/24
Lock/key replacement after eviction	$150.00	Lock/key replacement after eviction
Rubbish removal: Household rubbish	$706.10	Rubbish removal: Household rubbish
Cleaning: General household cleaning	$240.01	Cleaning: General household cleaning
Repairs: Reglaze kitchen window	$175.95	Repairs: Reglaze kitchen window
Filing fee	$20.44	Filing fee
Net award	$2,057.14
Total payable by Tenant to Landlord	$2,057.14

Claims and awards for application 4801957 — net $2,057.14 NZD. Verify on MoJ.

Rent arrears (from 23/12/23 to 11/01/24

Amount: $735.72
Awarded to: Landlord
Reason: Rent arrears (from 23/12/23 to 11/01/24

Power: (19/01/23 to 11/01/24

Amount: $1,588.92
Awarded to: Landlord
Reason: Power: (19/01/23 to 11/01/24

Lock/key replacement after eviction

Amount: $150.00
Awarded to: Landlord
Reason: Lock/key replacement after eviction

Rubbish removal: Household rubbish

Amount: $706.10
Awarded to: Landlord
Reason: Rubbish removal: Household rubbish

Cleaning: General household cleaning

Amount: $240.01
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Shilviya Kumar and Rishi Karan must pay Mog Limited T/A Angel Property Managers As Agents For Earp Investments Limited $2,057.14 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,560.00 (6481982-010) to Mog Limited T/A Angel Property Managers As Agents For Earp Investments Limited immediately.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
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 power?

The tenancy ended on 11 January 2024. The landlord provided rent records and power invoices which prove the amount owing at the end of the tenancy.
The landlord provided evidence that the tenant was provided power invoices during the tenancy on a regular basis and failed to pay any of these invoices from 19/01/23 to 11/01/24.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
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 landlord gave evidence that the tenants smashed the kitchen window during a heated argument that was heard by another tenant. I am satisfied that the window was smashed during the tenancy, that the damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The amounts ordered are proved.
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee
Because Mog Limited T/A Angel Property Managers As Agents For Earp Investments Limited has wholly succeeded with the claim I must reimburse the filing fee.

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 4801957 — net $2,057.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (from 23/12/23 to 11/01/24	$735.72	Rent arrears (from 23/12/23 to 11/01/24
Power: (19/01/23 to 11/01/24	$1,588.92	Power: (19/01/23 to 11/01/24
Lock/key replacement after eviction	$150.00	Lock/key replacement after eviction
Rubbish removal: Household rubbish	$706.10	Rubbish removal: Household rubbish
Cleaning: General household cleaning	$240.01	Cleaning: General household cleaning
Repairs: Reglaze kitchen window	$175.95	Repairs: Reglaze kitchen window
Filing fee	$20.44	Filing fee
Net award	$2,057.14
Total payable by Tenant to Landlord	$2,057.14

Claims and awards for application 4801957 — net $2,057.14 NZD. Verify on MoJ.

Rent arrears (from 23/12/23 to 11/01/24

Amount: $735.72
Awarded to: Landlord
Reason: Rent arrears (from 23/12/23 to 11/01/24

Power: (19/01/23 to 11/01/24

Amount: $1,588.92
Awarded to: Landlord
Reason: Power: (19/01/23 to 11/01/24

Lock/key replacement after eviction

Amount: $150.00
Awarded to: Landlord
Reason: Lock/key replacement after eviction

Rubbish removal: Household rubbish

Amount: $706.10
Awarded to: Landlord
Reason: Rubbish removal: Household rubbish

Cleaning: General household cleaning

Amount: $240.01
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Shilviya Kumar and Rishi Karan must pay Mog Limited T/A Angel Property Managers As Agents For Earp Investments Limited $2,057.14 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,560.00 (6481982-010) to Mog Limited T/A Angel Property Managers As Agents For Earp Investments Limited immediately.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
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 power?

The tenancy ended on 11 January 2024. The landlord provided rent records and power invoices which prove the amount owing at the end of the tenancy.
The landlord provided evidence that the tenant was provided power invoices during the tenancy on a regular basis and failed to pay any of these invoices from 19/01/23 to 11/01/24.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
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 landlord gave evidence that the tenants smashed the kitchen window during a heated argument that was heard by another tenant. I am satisfied that the window was smashed during the tenancy, that the damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The amounts ordered are proved.
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee
Because Mog Limited T/A Angel Property Managers As Agents For Earp Investments Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4801957 — Rent arrears at 14 Marua Road, Ellerslie, Auckland 1051

At a glance

Tenancy Tribunal case 4801957 — Rent arrears at 14 Marua Road, Ellerslie, Auckland 1051

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and power?

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 and power?

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