What was the outcome of Tenancy Tribunal case 4816339?

The tribunal order states: Vikesh Sharma and Anuradha Sharma must pay The Rent Shop Limited As

How much money was awarded in case 4816339?

Cleaning: $945.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $484.44 awarded to landlord; Rent Arrears: $1,035.71 awarded to landlord; Water Rates: $218.04 awarded to landlord

What type of tenancy dispute was case 4816339?

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

Where can I read the official tribunal order for case 4816339?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10464237-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4816339?

The tribunal order states: Vikesh Sharma and Anuradha Sharma must pay The Rent Shop Limited As

How much money was awarded in case 4816339?

Cleaning: $945.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $484.44 awarded to landlord; Rent Arrears: $1,035.71 awarded to landlord; Water Rates: $218.04 awarded to landlord

What type of tenancy dispute was case 4816339?

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

Where can I read the official tribunal order for case 4816339?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10464237-Tenancy_Tribunal_Order.pdf.

18 McLeod Road, Weymouth, Auckland 2103 Tenancy Tribunal Case 4816339 — Rent arrears

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18 McLeod Road, Weymouth, Auckland 2103 Tenancy Tribunal Case 4816339 — 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 4816339 — net $2,704.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 Dec 2023	$1,035.71	2. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of t…
Water rates	$218.04	Water rates
Repairs	$484.44	Repairs
Cleaning: and carpet cleaning	$945.50	Cleaning: and carpet cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,704.13
Total payable by Tenant to Landlord	$2,704.13

Claims and awards for application 4816339 — net $2,704.13 NZD. Verify on MoJ.

Rent arrears to 31 Dec 2023

Amount: $1,035.71
Awarded to: Landlord
Reason: 2. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of t…

Water rates

Amount: $218.04
Awarded to: Landlord
Reason: Water rates

Repairs

Amount: $484.44
Awarded to: Landlord
Reason: Repairs

Cleaning: and carpet cleaning

Amount: $945.50
Awarded to: Landlord
Reason: Cleaning: and carpet cleaning

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears Water Rates

Order

Vikesh Sharma and Anuradha Sharma must pay The Rent Shop Limited As Agent For Phil Conway $2,704.13 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
The landlord has applied for rent arrears, water rates 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 arrears?

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy being $1035.40 for rent and $218.04 for water rates arrears.

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. Cleaning was required for the entire property including carpet cleaning as there was substantial residue from incense sticks everywhere, grubby grime marks and some stains on the floor. It appeared as if no effort had been made to clean. Photographs were provided of the dirty surfaces and invoice for cleaning.
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: damage to the fence due to catching fire from incense lit by the Tenant’s visitor. Photographs were provided of the damaged fence which appeared to be blackened by the fire. An invoice was provided for the repair of the section of the fence. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As The Rent Shop Limited As Agent For Phil Conway has wholly succeeded with the claim, the Tenant 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 4816339 — net $2,704.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 Dec 2023	$1,035.71	2. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of t…
Water rates	$218.04	Water rates
Repairs	$484.44	Repairs
Cleaning: and carpet cleaning	$945.50	Cleaning: and carpet cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,704.13
Total payable by Tenant to Landlord	$2,704.13

Claims and awards for application 4816339 — net $2,704.13 NZD. Verify on MoJ.

Rent arrears to 31 Dec 2023

Amount: $1,035.71
Awarded to: Landlord
Reason: 2. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of t…

Water rates

Amount: $218.04
Awarded to: Landlord
Reason: Water rates

Repairs

Amount: $484.44
Awarded to: Landlord
Reason: Repairs

Cleaning: and carpet cleaning

Amount: $945.50
Awarded to: Landlord
Reason: Cleaning: and carpet cleaning

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears Water Rates

Order

Vikesh Sharma and Anuradha Sharma must pay The Rent Shop Limited As Agent For Phil Conway $2,704.13 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
The landlord has applied for rent arrears, water rates 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 arrears?

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy being $1035.40 for rent and $218.04 for water rates arrears.

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. Cleaning was required for the entire property including carpet cleaning as there was substantial residue from incense sticks everywhere, grubby grime marks and some stains on the floor. It appeared as if no effort had been made to clean. Photographs were provided of the dirty surfaces and invoice for cleaning.
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: damage to the fence due to catching fire from incense lit by the Tenant’s visitor. Photographs were provided of the damaged fence which appeared to be blackened by the fire. An invoice was provided for the repair of the section of the fence. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As The Rent Shop Limited As Agent For Phil Conway has wholly succeeded with the claim, the Tenant must reimburse the filing fee.

Tenancy Tribunal case 4816339 — Rent arrears at 18 McLeod Road, Weymouth, Auckland 2103

At a glance

Tenancy Tribunal case 4816339 — Rent arrears at 18 McLeod Road, Weymouth, Auckland 2103

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates arrears?

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 water rates arrears?

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