How much money was awarded in case 4817057?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $864.29 awarded to landlord; Kitchen Benchtop: $1,000.00 awarded to landlord; Water Rates: $131.10 awarded to landlord

What type of tenancy dispute was case 4817057?

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

Where can I read the official tribunal order for case 4817057?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10536570-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4817057?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $864.29 awarded to landlord; Kitchen Benchtop: $1,000.00 awarded to landlord; Water Rates: $131.10 awarded to landlord

What type of tenancy dispute was case 4817057?

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

Where can I read the official tribunal order for case 4817057?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10536570-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 103 Wyllie Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 4817057 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4817057?

The tribunal order states: Galinder Singh and Harpreet kaur to pay Pinnacle Real Estate Rentals Limited

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Order

Claims and awards in Tenancy Tribunal application 4817057 — net $2,015.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12/02/2024	$864.29	Rent arrears to 12/02/2024
Water rates	$131.10	Water rates
Repairs: Kitchen benchtop	$1,000.00	Repairs: Kitchen benchtop
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,015.83
Total payable by Tenant to Landlord	$2,015.83

Galinder Singh and Harpreet kaur to pay Pinnacle Real Estate Rentals Limited As Agent For Ruven Chand & Sumintra Wati Chand $2,015.83 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,015.83 (5252711-007) to Pinnacle Real Estate Rentals Limited As Agent For Ruven Chand & Sumintra Wati Chand immediately. The Bond Centre is to pay the bond of $24.17 (5252711- 007) to Galinder Singh and Harpreet kaur immediately.

Reasons

Both parties attended the hearing on 2 nd July 2024.

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?

There was a dispute as to the exact end date of the tenancy.

The tenant said that he was able to move into another property that was managed by Pinnacle Real Estate Rentals Limited and was told that he could end the tenancy without giving the full 28 days’ notice.

The landlord disputed that was the case and said that the tenant was required to give 28 days’ notice for termination.

The tenant said that he moved into the new premises on 9 th February 2024 and that the landlord was effectively charging double rent to the tenant.

After checking the subsequent tenancy agreement, it was established that the subsequent tenancy was from 12 th February 2024.

The tenant said that he had given the key back on time. The landlord said that it was given back on 13 th instead.

I find that the tenancy has ended on 12 th February 2024.

The landlord provided rent records to show that the rent owing to 12 th February 2024 was $864.29. I order the tenant to pay this amount to the landlord from the bond.

Further to rent arrears there was also water rates of $131.10 owing. This was not disputed by the tenant. I order to the tenant pay this amount to the landlord from the bond.

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 Residential Tenancies Act 1986 (“RTA”).

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. See section 49B(3)(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 claimed that the tenant had burnt the kitchen bench top and provided photos from 13 th June 2022, 17 th June 2023 and 14 th February 2024 to prove that the damage was caused during the tenancy.

The tenant denied liability for the damage done to the kitchen bench top and suggested that someone else may have caused the damage after the key was returned to the landlord at the end of the tenancy. I find that there is no evidence to substantiate that claim.

I find that the tenant has caused the damage during the tenancy carelessly. I also find that the damage may have gotten worse when the tenant tried to repair the damage.

The landlord has insurance to cover for the damage. The insurance excess is $1,000.00. I order the tenant to pay the landlord this amount from the bond. Filing fee reimbursement

Because Pinnacle Real Estate Rentals Limited As Agent For Ruven Chand & Sumintra Wati Chand has wholly succeeded with the claim, the tenant must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4817057 — net $2,015.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12/02/2024	$864.29	Rent arrears to 12/02/2024
Water rates	$131.10	Water rates
Repairs: Kitchen benchtop	$1,000.00	Repairs: Kitchen benchtop
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,015.83
Total payable by Tenant to Landlord	$2,015.83

Galinder Singh and Harpreet kaur to pay Pinnacle Real Estate Rentals Limited As Agent For Ruven Chand & Sumintra Wati Chand $2,015.83 from the bond, calculated as shown in table below.

Reasons

Both parties attended the hearing on 2 nd July 2024.

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?

There was a dispute as to the exact end date of the tenancy.

The landlord disputed that was the case and said that the tenant was required to give 28 days’ notice for termination.

The tenant said that he moved into the new premises on 9 th February 2024 and that the landlord was effectively charging double rent to the tenant.

After checking the subsequent tenancy agreement, it was established that the subsequent tenancy was from 12 th February 2024.

The tenant said that he had given the key back on time. The landlord said that it was given back on 13 th instead.

I find that the tenancy has ended on 12 th February 2024.

The landlord provided rent records to show that the rent owing to 12 th February 2024 was $864.29. I order the tenant to pay this amount to the landlord from the bond.

Further to rent arrears there was also water rates of $131.10 owing. This was not disputed by the tenant. I order to the tenant pay this amount to the landlord from the bond.

Is the tenant responsible for the damage to the premises?

I find that the tenant has caused the damage during the tenancy carelessly. I also find that the damage may have gotten worse when the tenant tried to repair the damage.

The landlord has insurance to cover for the damage. The insurance excess is $1,000.00. I order the tenant to pay the landlord this amount from the bond. Filing fee reimbursement

Because Pinnacle Real Estate Rentals Limited As Agent For Ruven Chand & Sumintra Wati Chand has wholly succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 4817057 — Property damage at Unit/Flat 2, 103 Wyllie Road, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 4817057 — Property damage at Unit/Flat 2, 103 Wyllie Road, Papatoetoe, Auckland 2025

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions