What was the outcome of Tenancy Tribunal case 4895822?

The tribunal order states: Nikki Walker must pay Aniel Chandra and Hema Chandra $10,752.78

How much money was awarded in case 4895822?

Cleaning: $345.00 awarded to landlord; Cleaning: $285.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Green Waste Dump Fee: $73.84 awarded to landlord; Labour Charge For Hanging Wallpaper: $1,000.00 awarded to landlord; Labour To Lay New Carpet: $460.00 awarded to landlord; Lawns and Garden Work: $1,437.50 awarded to landlord; Property Damage: $1,693.24 awarded to landlord; Property Damage: $460.00 awarded to landlord; Purchase And Hang New Curtains: $145.50 awarded to landlord; Rent Arrears: $5,881.00 awarded to landlord; Replace Carpet In Main Bedroom (Depr…: $400.00 awarded to landlord; Rubbish Removal: $351.26 awarded to landlord

What type of tenancy dispute was case 4895822?

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

Where can I read the official tribunal order for case 4895822?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10792130-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4895822?

The tribunal order states: Nikki Walker must pay Aniel Chandra and Hema Chandra $10,752.78

How much money was awarded in case 4895822?

Cleaning: $345.00 awarded to landlord; Cleaning: $285.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Green Waste Dump Fee: $73.84 awarded to landlord; Labour Charge For Hanging Wallpaper: $1,000.00 awarded to landlord; Labour To Lay New Carpet: $460.00 awarded to landlord; Lawns and Garden Work: $1,437.50 awarded to landlord; Property Damage: $1,693.24 awarded to landlord; Property Damage: $460.00 awarded to landlord; Purchase And Hang New Curtains: $145.50 awarded to landlord; Rent Arrears: $5,881.00 awarded to landlord; Replace Carpet In Main Bedroom (Depr…: $400.00 awarded to landlord; Rubbish Removal: $351.26 awarded to landlord

What type of tenancy dispute was case 4895822?

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

Where can I read the official tribunal order for case 4895822?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10792130-Tenancy_Tribunal_Order.pdf.

119 O'Hara Street, Appleby, Invercargill 9812 Tenancy Tribunal Case 4895822 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4895822 — net $10,752.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 July 2024	$5,881.00	Rent arrears to 4 July 2024
Carpet cleaning	$345.00	Carpet cleaning
Rubbish removal / dump fees	$351.26	Rubbish removal / dump fees
Lawns, garden work, dumping of green waste	$1,437.50	Lawns, garden work, dumping of green waste
Green waste dump fee	$73.84	Green waste dump fee
Purchase replacement wallpaper	$1,693.24	Purchase replacement wallpaper
Labour charge for hanging wallpaper	$1,000.00	Labour charge for hanging wallpaper
Cleaning	$285.00	Cleaning
Purchase and hang new curtains	$145.50	Purchase and hang new curtains
Repaint smoke damaged lounge ceiling	$460.00	Repaint smoke damaged lounge ceiling
Replace carpet in main bedroom (depreciated	$400.00	Replace carpet in main bedroom (depreciated
Labour to lay new carpet	$460.00	Labour to lay new carpet
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$10,752.78
Total payable by Tenant to Landlord	$10,752.78

Nikki Walker must pay Aniel Chandra and Hema Chandra $10,752.78 immediately, calculated as shown in table below:

The Bond Centre is to pay the bond of $1,800.00 (6019344-001) to Aniel Chandra and Hema Chandra immediately.

The application for the cost of methamphetamine testing, the replacement of the hot water cylinder and for loss of rent compensation is dismissed.

Reasons

Mr Chandra represented the landlord. The tenant did not attend 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 4 July 2024. The landlord provided rent records which prove the amount of rent 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 (RTA).

The tenant did not leave the premises (including the exterior and the lawns and gardens) reasonably clean and tidy and did not remove all rubbish.

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 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 following damage was caused during the tenancy: there was damage to the carpet in the main bedroom; wallpaper was damaged and had to be replaced; the ceiling in the lounge was smoke damaged and had to be repainted; and some of the curtains were so stained and smoke damaged they had to be replaced.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

I have depreciated the claim for carpet replacement by a small amount to take account of its age.

I dismiss the landlord’s claims for loss of rent compensation, the replacement of the hot water cylinder and for the cost of having a methamphetamine test carried out.

There was no pre-tenancy methamphetamine test to compare to the test result obtained so the landlord cannot prove contamination during the tenancy.

A claim for loss of rent compensation cannot succeed as the landlord is preparing the premises for sale and did not re-tenant the premises. The landlord has not lost rent as it was never intended to rent the premises again.

The hot water cylinder leaked. Although the tenant did not report that damage to the landlord, the tenant is not liable for a failure of the cylinder in the absence of evidence of some action by the tenant that caused the damage. That is a claim that the landlord can lodge with their insurer.

The amounts ordered are proved by invoices and photos and by the evidence Mr Chandra gave at the hearing.

As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

Claims and awards in Tenancy Tribunal application 4895822 — net $10,752.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 July 2024	$5,881.00	Rent arrears to 4 July 2024
Carpet cleaning	$345.00	Carpet cleaning
Rubbish removal / dump fees	$351.26	Rubbish removal / dump fees
Lawns, garden work, dumping of green waste	$1,437.50	Lawns, garden work, dumping of green waste
Green waste dump fee	$73.84	Green waste dump fee
Purchase replacement wallpaper	$1,693.24	Purchase replacement wallpaper
Labour charge for hanging wallpaper	$1,000.00	Labour charge for hanging wallpaper
Cleaning	$285.00	Cleaning
Purchase and hang new curtains	$145.50	Purchase and hang new curtains
Repaint smoke damaged lounge ceiling	$460.00	Repaint smoke damaged lounge ceiling
Replace carpet in main bedroom (depreciated	$400.00	Replace carpet in main bedroom (depreciated
Labour to lay new carpet	$460.00	Labour to lay new carpet
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$10,752.78
Total payable by Tenant to Landlord	$10,752.78

Order

Nikki Walker must pay Aniel Chandra and Hema Chandra $10,752.78 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,800.00 (6019344-001) to Aniel Chandra and Hema Chandra immediately.
The application for the cost of methamphetamine testing, the replacement of the hot water cylinder and for loss of rent compensation is dismissed.

Reasons

Mr Chandra represented the landlord. The tenant did not attend 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 4 July 2024. The landlord provided rent records which prove the amount of rent 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 (RTA).
The tenant did not leave the premises (including the exterior and the lawns and gardens) reasonably clean and tidy and did not remove all rubbish.

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 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 following damage was caused during the tenancy: there was damage to the carpet in the main bedroom; wallpaper was damaged and had to be replaced; the ceiling in the lounge was smoke damaged and had to be repainted; and some of the curtains were so stained and smoke damaged they had to be replaced.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I have depreciated the claim for carpet replacement by a small amount to take account of its age.
I dismiss the landlord’s claims for loss of rent compensation, the replacement of the hot water cylinder and for the cost of having a methamphetamine test carried out.
There was no pre-tenancy methamphetamine test to compare to the test result obtained so the landlord cannot prove contamination during the tenancy.
A claim for loss of rent compensation cannot succeed as the landlord is preparing the premises for sale and did not re-tenant the premises. The landlord has not lost rent as it was never intended to rent the premises again.
The hot water cylinder leaked. Although the tenant did not report that damage to the landlord, the tenant is not liable for a failure of the cylinder in the absence of evidence of some action by the tenant that caused the damage. That is a claim that the landlord can lodge with their insurer.
The amounts ordered are proved by invoices and photos and by the evidence Mr Chandra gave at the hearing.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

Tenancy Tribunal case 4895822 — Rent arrears at 119 O'Hara Street, Appleby, Invercargill 9812

At a glance

Tenancy Tribunal case 4895822 — Rent arrears at 119 O'Hara Street, Appleby, Invercargill 9812

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