What was the outcome of Tenancy Tribunal case 4855785?

The tribunal order states: Ireen Vinita Lal must pay Nitin Sharma $3,970.44 immediately, calculated as

How much money was awarded in case 4855785?

Cleaning: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,250.00 awarded to landlord; Shower: $200.00 awarded to landlord; Walls: $300.00 awarded to landlord

What type of tenancy dispute was case 4855785?

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

Where can I read the official tribunal order for case 4855785?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10556612-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4855785?

The tribunal order states: Ireen Vinita Lal must pay Nitin Sharma $3,970.44 immediately, calculated as

How much money was awarded in case 4855785?

Cleaning: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,250.00 awarded to landlord; Shower: $200.00 awarded to landlord; Walls: $300.00 awarded to landlord

What type of tenancy dispute was case 4855785?

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

Where can I read the official tribunal order for case 4855785?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10556612-Tenancy_Tribunal_Order.pdf.

10 Waiotahi Road, Kaiapoi, Kaiapoi 7630 Tenancy Tribunal Case 4855785 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

10 Waiotahi Road, Kaiapoi, Kaiapoi 7630 Tenancy Tribunal Case 4855785 — 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 4855785 — net $3,970.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,250.00	Rent arrears
Repairs: Shower	$200.00	Repairs: Shower
Repairs: Walls	$300.00	Repairs: Walls
Carpet Cleaning	$200.00	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,970.44
Total payable by Tenant to Landlord	$3,970.44

Claims and awards for application 4855785 — net $3,970.44 NZD. Verify on MoJ.

Rent arrears

Amount: $3,250.00
Awarded to: Landlord
Reason: Rent arrears

Repairs: Shower

Amount: $200.00
Awarded to: Landlord
Reason: Repairs: Shower

Repairs: Walls

Amount: $300.00
Awarded to: Landlord
Reason: Repairs: Walls

Carpet Cleaning

Amount: $200.00
Awarded to: Landlord
Reason: Carpet Cleaning

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears Property damage

Order

Ireen Vinita Lal must pay Nitin Sharma $3,970.44 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
In any case brought before the Tribunal, the onus is on the applicant to prove their claims to the civil standard “on the balance of probabilities”. The Tribunal does not need to be certain of any claim, but the Tribunal has to be convinced that it is more likely than not, that what the applicant says is correct.

How much is owed for rent?

The amount of rent arrears is disputed.
The landlord claims that the tenant gave email notice ending the tenancy on 1 April 2024. The landlord calculates that the 28 days’ notice period expires on 29 April 2024, and as of that date the amount of rent owing is $3,250.00.
The calculation is not the problem. The tenant states that at an inspection in late February 2024 she verbally advised that landlord that she would be ending the tenancy, and this counted as 28 days’ notice. Notably however, the tenant does not claim that a move out date was agreed on even communicated to the landlord.
The landlord denies discussing the tenancy ending at all during the inspection in February 2024.
The tenants then moved out on 8 April 2024, and the tenant says she shouldn’t be required to pay rent past this date.
The landlord provided an email from the tenant dated 1 April 2024 which includes the following. “Just letting you know we have found another property”. And “Another thing our contract for this house finished on the 1 st March and I didn’t hear anything about extending it from you as I requested you for extension and you said you will do it in last inspection. But it couldn’t happen.”
Section 51 (3)(a) of the Residential Tenancies Act, 1986, requires that every notice to terminate be in writing. In the case at hand the parties disagree as to what was said at an unspecified date in late February 2024. No end date was agreed on by the parties, or given by the tenants. The circumstances of this claimed notice of termination, are too vague to be relied.
I find the above quotes from the email of 1 April 2024, support the view that the end of the tenancy had not been agreed by the parties at a previous meeting.
The first written notice of termination given by the tenant, was 1 April 2024 meaning the earliest possible end date of the tenancy is 29 April 2024.
The amount ordered is proved.

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.
Where damage occurs to a property, a landlord must prove that the damage 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.
At the hearing today, the landlord claimed the tenant caused the following damage, and claimed the following amounts: a. Broken shower; $200.00 b. Stained carpet in the lounge; $200.00 c. Stained kitchen drawer; $100.00 d. Hole in hallway wall that needed filling and painting; $200.00.
The landlord did not provide supporting evidence, but the tenant agreed to pay the amounts for a, b and d, if the landlord withdrew his claim for c. The landlord agreed. The amounts ordered are proved.
Because Nitin Sharma has substantially succeeded with the claim I have reimbursed 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 4855785 — net $3,970.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,250.00	Rent arrears
Repairs: Shower	$200.00	Repairs: Shower
Repairs: Walls	$300.00	Repairs: Walls
Carpet Cleaning	$200.00	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,970.44
Total payable by Tenant to Landlord	$3,970.44

Claims and awards for application 4855785 — net $3,970.44 NZD. Verify on MoJ.

Rent arrears

Amount: $3,250.00
Awarded to: Landlord
Reason: Rent arrears

Repairs: Shower

Amount: $200.00
Awarded to: Landlord
Reason: Repairs: Shower

Repairs: Walls

Amount: $300.00
Awarded to: Landlord
Reason: Repairs: Walls

Carpet Cleaning

Amount: $200.00
Awarded to: Landlord
Reason: Carpet Cleaning

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears Property damage

Order

Ireen Vinita Lal must pay Nitin Sharma $3,970.44 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
In any case brought before the Tribunal, the onus is on the applicant to prove their claims to the civil standard “on the balance of probabilities”. The Tribunal does not need to be certain of any claim, but the Tribunal has to be convinced that it is more likely than not, that what the applicant says is correct.

How much is owed for rent?

The amount of rent arrears is disputed.
The landlord claims that the tenant gave email notice ending the tenancy on 1 April 2024. The landlord calculates that the 28 days’ notice period expires on 29 April 2024, and as of that date the amount of rent owing is $3,250.00.
The calculation is not the problem. The tenant states that at an inspection in late February 2024 she verbally advised that landlord that she would be ending the tenancy, and this counted as 28 days’ notice. Notably however, the tenant does not claim that a move out date was agreed on even communicated to the landlord.
The landlord denies discussing the tenancy ending at all during the inspection in February 2024.
The tenants then moved out on 8 April 2024, and the tenant says she shouldn’t be required to pay rent past this date.
The landlord provided an email from the tenant dated 1 April 2024 which includes the following. “Just letting you know we have found another property”. And “Another thing our contract for this house finished on the 1 st March and I didn’t hear anything about extending it from you as I requested you for extension and you said you will do it in last inspection. But it couldn’t happen.”
Section 51 (3)(a) of the Residential Tenancies Act, 1986, requires that every notice to terminate be in writing. In the case at hand the parties disagree as to what was said at an unspecified date in late February 2024. No end date was agreed on by the parties, or given by the tenants. The circumstances of this claimed notice of termination, are too vague to be relied.
I find the above quotes from the email of 1 April 2024, support the view that the end of the tenancy had not been agreed by the parties at a previous meeting.
The first written notice of termination given by the tenant, was 1 April 2024 meaning the earliest possible end date of the tenancy is 29 April 2024.
The amount ordered is proved.

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.
Where damage occurs to a property, a landlord must prove that the damage 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.
At the hearing today, the landlord claimed the tenant caused the following damage, and claimed the following amounts: a. Broken shower; $200.00 b. Stained carpet in the lounge; $200.00 c. Stained kitchen drawer; $100.00 d. Hole in hallway wall that needed filling and painting; $200.00.
The landlord did not provide supporting evidence, but the tenant agreed to pay the amounts for a, b and d, if the landlord withdrew his claim for c. The landlord agreed. The amounts ordered are proved.
Because Nitin Sharma has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4855785 — Rent arrears at 10 Waiotahi Road, Kaiapoi, Kaiapoi 7630

At a glance

Tenancy Tribunal case 4855785 — Rent arrears at 10 Waiotahi Road, Kaiapoi, Kaiapoi 7630

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?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions