What was the outcome of Tenancy Tribunal case 4923766?

The tribunal order states: Virender Chauhan, Depender Singh and Arjun Singh must pay Barfoot &

How much money was awarded in case 4923766?

Cleaning: $460.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $237.14 awarded to landlord; Water Rates: $161.15 awarded to landlord

What type of tenancy dispute was case 4923766?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4923766?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10943383-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4923766?

The tribunal order states: Virender Chauhan, Depender Singh and Arjun Singh must pay Barfoot &

How much money was awarded in case 4923766?

Cleaning: $460.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $237.14 awarded to landlord; Water Rates: $161.15 awarded to landlord

What type of tenancy dispute was case 4923766?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4923766?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10943383-Tenancy_Tribunal_Order.pdf.

361 Chapel Road, East Tamaki, Auckland 2016 Tenancy Tribunal Case 4923766 — Cleanliness

Order

Claims and awards in Tenancy Tribunal application 4923766 — net $687.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11/6/24	$237.14	Rent arrears to 11/6/24
Water rates to 11/6/24	$161.15	Water rates to 11/6/24
Repairs & cleaning (carpet	$460.00	6. The landlord has established in evidence that the tenants did not leave the premises reasonably clean and tidy.
Cleaning	$500.00	6. The landlord has established in evidence that the tenants did not leave the premises reasonably clean and tidy.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$687.74
Total payable by Tenant to Landlord	$687.74

Virender Chauhan, Depender Singh and Arjun Singh must pay Barfoot & Thompson Limited As Agent For Huang, Xiaorong $687.74 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $690.99 (5010437-010) to Barfoot & Thompson Limited As Agent For Huang, Xiaorong immediately.

Reasons

The landlord attended the hearing.

There was no appearance for the tenants, and they did not answer the phone when telephoned during the hearing. They had been notified of the hearing by letter and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in their absence.

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 and water rates?

The tenancy ended on the 11 th of June 2024. The landlord provided rent records and water rates invoices which prove the amounts 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 a 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) RTA.

The landlord has established in evidence that the tenants did not leave the premises reasonably clean and tidy. Accordingly, the amount ordered for cleaning is proven in evidence and considered reasonable in the circumstances.

Is the tenant responsible for the damage to the premises?

The landlord also claims $230 for a carpet repair.

In order to be successful in such a claim, the 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.

Having assessed the photos of the carpet damage, I am satisfied it is more than fair wear and tear, and was more likely than not caused by the careless actions of the tenants or someone they allowed into the property. The amount claimed is less than the insurance excess, therefore is ordered as sought.

Because Barfoot & Thompson Limited As Agent For Huang, Xiaorong has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4923766 — net $687.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11/6/24	$237.14	Rent arrears to 11/6/24
Water rates to 11/6/24	$161.15	Water rates to 11/6/24
Repairs & cleaning (carpet	$460.00	6. The landlord has established in evidence that the tenants did not leave the premises reasonably clean and tidy.
Cleaning	$500.00	6. The landlord has established in evidence that the tenants did not leave the premises reasonably clean and tidy.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$687.74
Total payable by Tenant to Landlord	$687.74

Order

Virender Chauhan, Depender Singh and Arjun Singh must pay Barfoot & Thompson Limited As Agent For Huang, Xiaorong $687.74 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $690.99 (5010437-010) to Barfoot & Thompson Limited As Agent For Huang, Xiaorong immediately.

Reasons

The landlord attended the hearing.
There was no appearance for the tenants, and they did not answer the phone when telephoned during the hearing. They had been notified of the hearing by letter and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in their absence.
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 and water rates?

The tenancy ended on the 11 th of June 2024. The landlord provided rent records and water rates invoices which prove the amounts 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 a 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) RTA.
The landlord has established in evidence that the tenants did not leave the premises reasonably clean and tidy. Accordingly, the amount ordered for cleaning is proven in evidence and considered reasonable in the circumstances.

Is the tenant responsible for the damage to the premises?

The landlord also claims $230 for a carpet repair.
In order to be successful in such a claim, the 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.
Having assessed the photos of the carpet damage, I am satisfied it is more than fair wear and tear, and was more likely than not caused by the careless actions of the tenants or someone they allowed into the property. The amount claimed is less than the insurance excess, therefore is ordered as sought.
Because Barfoot & Thompson Limited As Agent For Huang, Xiaorong has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4923766 — Cleanliness at 361 Chapel Road, East Tamaki, Auckland 2016

At a glance

Tenancy Tribunal case 4923766 — Cleanliness at 361 Chapel Road, East Tamaki, Auckland 2016

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