What was the outcome of Tenancy Tribunal case 4892542?

The tribunal order states: Tepora Tamasese must pay Pinnacle Realty Limited As Agent For Joginder

How much money was awarded in case 4892542?

Cleaning: $180.00 awarded to landlord; Cleaning: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,735.71 awarded to landlord; Cupboard Door Rollers: $100.00 awarded to landlord; Kitchen Door Handle: $45.00 awarded to landlord; Shower Slide Bar: $45.00 awarded to landlord; Smoke Alarms: $60.00 awarded to landlord; Water Rates: $1,005.21 awarded to landlord

What type of tenancy dispute was case 4892542?

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

Where can I read the official tribunal order for case 4892542?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10834714-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4892542?

The tribunal order states: Tepora Tamasese must pay Pinnacle Realty Limited As Agent For Joginder

How much money was awarded in case 4892542?

Cleaning: $180.00 awarded to landlord; Cleaning: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,735.71 awarded to landlord; Cupboard Door Rollers: $100.00 awarded to landlord; Kitchen Door Handle: $45.00 awarded to landlord; Shower Slide Bar: $45.00 awarded to landlord; Smoke Alarms: $60.00 awarded to landlord; Water Rates: $1,005.21 awarded to landlord

What type of tenancy dispute was case 4892542?

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

Where can I read the official tribunal order for case 4892542?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10834714-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 45 Kenderdine Road, Papatoetoe, Auckland Tenancy Tribunal Case 4892542 — Rent arrears

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Reasons

Claims and awards in Tenancy Tribunal application 4892542 — net $5,241.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 June 2024	$5,735.71	Rent arrears to 3 June 2024
Water rates	$1,005.21	Water rates
Replace smoke alarms	$60.00	Replace smoke alarms
Repairs: shower slide bar	$45.00	Repairs: shower slide bar
Repairs: cupboard door rollers	$100.00	Repairs: cupboard door rollers
Repairs: kitchen door handle	$45.00	Repairs: kitchen door handle
Cleaning	$250.00	Cleaning
Carpet Cleaning	$180.00	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,241.36
Total payable by Tenant to Landlord	$5,241.36

The landlord attended the hearing. The tenant did not.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

As the applicant, the landlord must prove each claim to the civil law standard of proof, on the balance of probabilities.

How much is owed for rent and water rates?

The tenancy ended on 3 June 2024. The landlord provided rent records, which prove that rental arrears totalled $5,735.71 on this date. The landlord sought compensation of $1,321.96 for outstanding water rates however, the water rates invoices provided by the landlord totalled $1,005.21. Therefore, the landlord’s claim for outstanding water rates invoices is granted for a total of $1,005.21.

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 landlord provided photographs of the property taken at the beginning and end of the tenancy. These photographs prove that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The photographs taken at the beginning of the tenancy show the property in a clean and tidy state. There were no furniture, household items or rubbish in the property. In contrast, the photographs taken at the end of the tenancy show the tenant left furniture, personal belongings, food and rubbish inside the property. Rubbish removal

The landlord sought compensation of $1,000.00 for rubbish removal. The landlord’s written application did not include an invoice for the work undertaken. The Tribunal provided the landlord an opportunity to produce an invoice at the hearing, which the landlord was unable to do. The landlord has not proved that they incurred a loss of $1,000.00 for rubbish removal. Their claim for compensation for this amount is therefore dismissed. General cleaning

The landlord sought compensation of $250.00 for general cleaning of the property and provided an invoice. Considering the state of the property at the end of the tenancy, this sum is very reasonable and the landlord’s claim is granted. Carpet cleaning

The landlord submitted that the carpet needed to be shampooed at the end of the tenancy as it smelt very bad. The photographs taken of the carpet at the end of the tenancy do not show any visible stains however, the landlord stated the carpet smelt very bad due to the tenant dropping food and liquid on the floor throughout the tenancy. The tenancy covered a period of two years. The dining area was carpeted and photographs at the end of the tenancy show the dining table covered in uneaten food, including a pot of old, soupy noodles. The carpet beneath was covered in rubbish, including food packets. The landlord also provided an email to the tenant dated 8 February 2024, where they raised the issue of the smelly carpet and requested that the tenant shampoo it. I accept the landlord’s evidence that the carpet smelt bad and required cleaning. The landlord provided an invoice for $180.00 for carpet cleaning and their claim for compensation for this amount is granted. Smoke alarms

The landlord had to replace two smoke alarms at the end of the tenancy and provided an invoice for $60.00 for this. Their claim for compensation is granted.

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 landlord provided an invoice for the following repair work: a. Front door lock replacement: $90.00 b. Replace ranch sliding door rollers: $130.00 c. Shower head holder and slide bar: $90.00 d. Cupboard door rollers: $100.00 e. Shower door rollers: $120.00 f. Toilet roll holder: $60.00 g. Replaced kitchen door handle: $45.00 h. Refixed the vanity cupboard: $40.00

The landlord provided photographs to the Tribunal, which prove the following damage occurred during the tenancy: a. Broken shower slide bar b. Cupboard door rollers c. Broken kitchen door handle

The landlord has not proven any of the other damage alleged.

The invoice for repairing the shower head holder and slide bar was $90.00. The landlord advised the Tribunal that the shower head holder was loose. I find the loose shower head to be a result of fair wear and tear, rather than intentional damage. Therefore, I have adjusted the amount of compensation for the broken shower slide bar from $90.00 to $45.00.

The damage noted at paragraph [19] is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord’s claim for compensation for damage is granted for a total of $190.00.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Because Pinnacle Realty Limited As Agent For Joginder Singh has substantially succeeded with the claim I have reimbursed the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 4892542 — net $5,241.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 June 2024	$5,735.71	Rent arrears to 3 June 2024
Water rates	$1,005.21	Water rates
Replace smoke alarms	$60.00	Replace smoke alarms
Repairs: shower slide bar	$45.00	Repairs: shower slide bar
Repairs: cupboard door rollers	$100.00	Repairs: cupboard door rollers
Repairs: kitchen door handle	$45.00	Repairs: kitchen door handle
Cleaning	$250.00	Cleaning
Carpet Cleaning	$180.00	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,241.36
Total payable by Tenant to Landlord	$5,241.36

The landlord attended the hearing. The tenant did not.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

As the applicant, the landlord must prove each claim to the civil law standard of proof, on the balance of probabilities.

How much is owed for rent and water rates?

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

The landlord had to replace two smoke alarms at the end of the tenancy and provided an invoice for $60.00 for this. Their claim for compensation is granted.

Is the tenant responsible for the damage to the premises?

The landlord provided photographs to the Tribunal, which prove the following damage occurred during the tenancy: a. Broken shower slide bar b. Cupboard door rollers c. Broken kitchen door handle

The landlord has not proven any of the other damage alleged.

The damage noted at paragraph [19] is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord’s claim for compensation for damage is granted for a total of $190.00.

Because Pinnacle Realty Limited As Agent For Joginder Singh has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4892542 — Rent arrears at Unit/Flat 3, 45 Kenderdine Road, Papatoetoe, Auckland

At a glance

Tenancy Tribunal case 4892542 — Rent arrears at Unit/Flat 3, 45 Kenderdine Road, Papatoetoe, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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?

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