What was the outcome of Tenancy Tribunal case 4832417?

The tribunal order states: Mohit Kumar and Meenakshi Khatter to pay Sharifa Anisun Nisha $430.75 from

How much money was awarded in case 4832417?

Refund Of Overpaid Rent Due To Inval…: $270.00 awarded to tenant; Rent Arrears: $650.00 awarded to landlord; Reinstall Window Tint: $50.75 awarded to landlord

What type of tenancy dispute was case 4832417?

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

Where can I read the official tribunal order for case 4832417?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10779917-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4832417?

The tribunal order states: Mohit Kumar and Meenakshi Khatter to pay Sharifa Anisun Nisha $430.75 from

How much money was awarded in case 4832417?

Refund Of Overpaid Rent Due To Inval…: $270.00 awarded to tenant; Rent Arrears: $650.00 awarded to landlord; Reinstall Window Tint: $50.75 awarded to landlord

What type of tenancy dispute was case 4832417?

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

Where can I read the official tribunal order for case 4832417?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10779917-Tenancy_Tribunal_Order.pdf.

181 Rangitoto Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 4832417 — Rent arrears

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181 Rangitoto Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 4832417 — 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 4832417 — net $430.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$650.00		Rent arrears
Repairs: reinstall window tint	$50.75		Repairs: reinstall window tint
Refund of overpaid rent due to invalid notice of rent		$270.00	Refund of overpaid rent due to invalid notice of rent
Total award	$700.75	$270.00
Net award	$430.75
Bond	$2,720.00
Total payable by Tenant to Landlord	$430.75

Claims and awards for application 4832417 — net $430.75 NZD. Verify on MoJ.

Rent arrears

Amount: $650.00
Awarded to: Landlord
Reason: Rent arrears

Repairs: reinstall window tint

Amount: $50.75
Awarded to: Landlord
Reason: Repairs: reinstall window tint

Refund of overpaid rent due to invalid notice of rent

Amount: $270.00
Awarded to: Tenant
Reason: Refund of overpaid rent due to invalid notice of rent

Total award

Landlord $700.75 · Tenant $270.00

Net award

Landlord $430.75

Bond

Landlord $2,720.00

Total payable by Tenant to Landlord

Landlord $430.75

Claim types — money lines allowed on this order

Rent arrears Property damage

Order

Mohit Kumar and Meenakshi Khatter to pay Sharifa Anisun Nisha $430.75 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,720.00 (3539644-006) immediately apportioned as follows: Sharifa Anisun Nisha: $430.75 Mohit Kumar and Meenakshi Khatter: $2,289.25

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation and refund of the bond following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 28 April 2024. The landlord provided rent records and the tenant accepts 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 but removed all rubbish. The premises however were not provided to the tenant in a reasonably clean and tidy condition at the start of the tenancy. The tenant adduced an email to the landlord’s agent/property manager at the material time in October 2022 about the cleanliness and general state of the premises at the time. Given the circumstances, I consider that the landlord’s claim for professional cleaning should be set aside.
I therefore dismiss the landlord’s cleaning costs claimed at the end of the tenancy.

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.
I consider the items claimed in respect of curtains, shower door, kitchen door and deck painting to be fair wear and tear.
I consider the damage to the window tint to be more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered for reinstalling window tints are proved.

Did the landlord lawfully increase the rent from 25 February 2024 onwards?

The landlord only gave less than 7 day’s written notice on 19 February 2024 of rent increase to take effect on 25 February 2024 until the end of the tenancy.
Section 24(1)(c) RTA provides that the day upon which the increased rent shall become payable shall be not less than 60 days after the date on which that notice is given.
Given that the notice of 19 February 2024 is invalid, I hereby refund the $270.00 overpaid rent which is based on 9 weeks of $30.00 overpayment of rent.
Only the above amounts are proved.
The bond will be distributed to the parties accordingly.

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 4832417 — net $430.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$650.00		Rent arrears
Repairs: reinstall window tint	$50.75		Repairs: reinstall window tint
Refund of overpaid rent due to invalid notice of rent		$270.00	Refund of overpaid rent due to invalid notice of rent
Total award	$700.75	$270.00
Net award	$430.75
Bond	$2,720.00
Total payable by Tenant to Landlord	$430.75

Claims and awards for application 4832417 — net $430.75 NZD. Verify on MoJ.

Rent arrears

Amount: $650.00
Awarded to: Landlord
Reason: Rent arrears

Repairs: reinstall window tint

Amount: $50.75
Awarded to: Landlord
Reason: Repairs: reinstall window tint

Refund of overpaid rent due to invalid notice of rent

Amount: $270.00
Awarded to: Tenant
Reason: Refund of overpaid rent due to invalid notice of rent

Total award

Landlord $700.75 · Tenant $270.00

Net award

Landlord $430.75

Bond

Landlord $2,720.00

Total payable by Tenant to Landlord

Landlord $430.75

Claim types — money lines allowed on this order

Rent arrears Property damage

Order

Mohit Kumar and Meenakshi Khatter to pay Sharifa Anisun Nisha $430.75 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,720.00 (3539644-006) immediately apportioned as follows: Sharifa Anisun Nisha: $430.75 Mohit Kumar and Meenakshi Khatter: $2,289.25

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation and refund of the bond following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 28 April 2024. The landlord provided rent records and the tenant accepts 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 but removed all rubbish. The premises however were not provided to the tenant in a reasonably clean and tidy condition at the start of the tenancy. The tenant adduced an email to the landlord’s agent/property manager at the material time in October 2022 about the cleanliness and general state of the premises at the time. Given the circumstances, I consider that the landlord’s claim for professional cleaning should be set aside.
I therefore dismiss the landlord’s cleaning costs claimed at the end of the tenancy.

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.
I consider the items claimed in respect of curtains, shower door, kitchen door and deck painting to be fair wear and tear.
I consider the damage to the window tint to be more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered for reinstalling window tints are proved.

Did the landlord lawfully increase the rent from 25 February 2024 onwards?

The landlord only gave less than 7 day’s written notice on 19 February 2024 of rent increase to take effect on 25 February 2024 until the end of the tenancy.
Section 24(1)(c) RTA provides that the day upon which the increased rent shall become payable shall be not less than 60 days after the date on which that notice is given.
Given that the notice of 19 February 2024 is invalid, I hereby refund the $270.00 overpaid rent which is based on 9 weeks of $30.00 overpayment of rent.
Only the above amounts are proved.
The bond will be distributed to the parties accordingly.

Tenancy Tribunal case 4832417 — Rent arrears at 181 Rangitoto Road, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 4832417 — Rent arrears at 181 Rangitoto Road, Papatoetoe, Auckland 2025

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Is the tenant responsible for the damage to the premises?

Did the landlord lawfully increase the rent from 25 February 2024 onwards?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Is the tenant responsible for the damage to the premises?

Did the landlord lawfully increase the rent from 25 February 2024 onwards?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions