What was Tenancy Tribunal case 4885763 about?

The tribunal order states: Madhivanan Devaraj and Pavithra Madhivanan are liable to pay [The landlord/s]

How much money was awarded in case 4885763?

Compensation: $1,040.00 awarded to landlord; Rent Arrears: $1,040.00 awarded to landlord

What type of tenancy dispute was case 4885763?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4885763?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10645152-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4885763 about?

The tribunal order states: Madhivanan Devaraj and Pavithra Madhivanan are liable to pay [The landlord/s]

How much money was awarded in case 4885763?

Compensation: $1,040.00 awarded to landlord; Rent Arrears: $1,040.00 awarded to landlord

What type of tenancy dispute was case 4885763?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4885763?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10645152-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4885763 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4885763 — net $2,080.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23/5/2024	$1,040.00	Rent arrears to 23/5/2024
Compensation	$1,040.00	Compensation
Net award	$2,080.00
Bond	$2,080.00
Total payable by Tenant to Landlord	$2,080.00

The landlord attended the hearing.

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?

The tenancy ended on 23/5/2024.

The landlord provided rent records which prove the amount owing.

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 landlord sought compensation of $438.25 as follows: a. $100.75 for removal of perishable goods b. $527.50 for rubbish removal and removal of chattels c. Less $190.00 being the proceeds of sale of chattels.

In support of the claim the landlord provided exit inspection reports with photographs and invoices.

I am persuaded that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish and chattels owned by them.

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.

The landlord claimed compensation of $609.00 as follows: a. $209.00 for repair of carpet b. $400.00 insurance excess for kitchen bench.

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.

I am satisfied that damage was caused during the tenancy to the kitchen bench and carpet and is more than fair wear and tear.

At the request of the landlord an order has been made for refund of the bond in full settlement of all the claims

Suppression is granted to the landlord because they were successful with the claim.

Claims and awards in Tenancy Tribunal application 4885763 — net $2,080.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23/5/2024	$1,040.00	Rent arrears to 23/5/2024
Compensation	$1,040.00	Compensation
Net award	$2,080.00
Bond	$2,080.00
Total payable by Tenant to Landlord	$2,080.00

Order

Madhivanan Devaraj and Pavithra Madhivanan are liable to pay [The landlord/s] $2,080.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,080.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing.
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?

The tenancy ended on 23/5/2024.
The landlord provided rent records which prove the amount owing.

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 landlord sought compensation of $438.25 as follows: a. $100.75 for removal of perishable goods b. $527.50 for rubbish removal and removal of chattels c. Less $190.00 being the proceeds of sale of chattels.
In support of the claim the landlord provided exit inspection reports with photographs and invoices.
I am persuaded that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish and chattels owned by them.
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.
The landlord claimed compensation of $609.00 as follows: a. $209.00 for repair of carpet b. $400.00 insurance excess for kitchen bench.
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.
I am satisfied that damage was caused during the tenancy to the kitchen bench and carpet and is more than fair wear and tear.
At the request of the landlord an order has been made for refund of the bond in full settlement of all the claims
Suppression is granted to the landlord because they were successful with the claim.

Tenancy Tribunal case 4885763 — Rent arrears

At a glance

Tenancy Tribunal case 4885763 — Rent arrears

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?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions