What was Tenancy Tribunal case 4956003 about?

The tribunal order states: Sartaj Singh Sidhu must pay [The landlord/s] $1,173.00 immediately, calculated

How much money was awarded in case 4956003?

3 X Lockout Fees: $270.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $876.00 awarded to landlord

What type of tenancy dispute was case 4956003?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4956003?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11068294-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4956003 about?

The tribunal order states: Sartaj Singh Sidhu must pay [The landlord/s] $1,173.00 immediately, calculated

How much money was awarded in case 4956003?

3 X Lockout Fees: $270.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $876.00 awarded to landlord

What type of tenancy dispute was case 4956003?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4956003?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11068294-Tribunal_Order_Redacted.pdf.

Unit/Flat 716, 133 Beach Road, Auckland Central, Auckland Tenancy Tribunal Case 4956003 — Property damage

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Unit/Flat 716, 133 Beach Road, Auckland Central, Auckland Tenancy Tribunal Case 4956003 — Property damage | 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 4956003 — net $1,173.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
3 x lockout fees	$270.00	3 x lockout fees
Remaining cost for repair to walls	$876.00	Remaining cost for repair to walls
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,173.00
Total payable by Tenant to Landlord	$1,173.00

Claims and awards for application 4956003 — net $1,173.00 NZD. Verify on MoJ.

3 x lockout fees

Amount: $270.00
Awarded to: Landlord
Reason: 3 x lockout fees

Remaining cost for repair to walls

Amount: $876.00
Awarded to: Landlord
Reason: Remaining cost for repair to walls

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,173.00

Total payable by Tenant to Landlord

Landlord $1,173.00

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Sartaj Singh Sidhu must pay [The landlord/s] $1,173.00 immediately, calculated as shown in table below.

Reasons

This application was scheduled to be heard by video conference. The tenant did not link in to the Teams link and both times I rang him on the number provided my call went to voicemail. The hearing proceeded in his absence.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

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 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.
I accept the evidence showing that the walls of the unit that the tenant rented were damaged during the tenancy. The tenant has not proved that this was fair wear and tear.
I also accept that the total cost of remedying this issue was $2392.00 and that with the agreement of the tenant the bond of $1516.00 was applied to this cost.
This leaves $876.00 outstanding which the tenant is required to pay. Lockout fees
I accept the evidence that the tenant was aware that he was required to pay a $90.00 lockout fee if he locked himself out after business hours.
This occurred three times and so the tenant is required to pay a total of $270.00. Filing fee reimbursement
The tenant is required to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against him. Suppression of the landlord’s name
I am also allowing the landlord’s application for suppression of their name because the landlord was wholly successful with this claim. C ter Haar 12 November 2024

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 4956003 — net $1,173.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
3 x lockout fees	$270.00	3 x lockout fees
Remaining cost for repair to walls	$876.00	Remaining cost for repair to walls
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,173.00
Total payable by Tenant to Landlord	$1,173.00

Claims and awards for application 4956003 — net $1,173.00 NZD. Verify on MoJ.

3 x lockout fees

Amount: $270.00
Awarded to: Landlord
Reason: 3 x lockout fees

Remaining cost for repair to walls

Amount: $876.00
Awarded to: Landlord
Reason: Remaining cost for repair to walls

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,173.00

Total payable by Tenant to Landlord

Landlord $1,173.00

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Sartaj Singh Sidhu must pay [The landlord/s] $1,173.00 immediately, calculated as shown in table below.

Reasons

This application was scheduled to be heard by video conference. The tenant did not link in to the Teams link and both times I rang him on the number provided my call went to voicemail. The hearing proceeded in his absence.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

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 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.
I accept the evidence showing that the walls of the unit that the tenant rented were damaged during the tenancy. The tenant has not proved that this was fair wear and tear.
I also accept that the total cost of remedying this issue was $2392.00 and that with the agreement of the tenant the bond of $1516.00 was applied to this cost.
This leaves $876.00 outstanding which the tenant is required to pay. Lockout fees
I accept the evidence that the tenant was aware that he was required to pay a $90.00 lockout fee if he locked himself out after business hours.
This occurred three times and so the tenant is required to pay a total of $270.00. Filing fee reimbursement
The tenant is required to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against him. Suppression of the landlord’s name
I am also allowing the landlord’s application for suppression of their name because the landlord was wholly successful with this claim. C ter Haar 12 November 2024

Tenancy Tribunal case 4956003 — Property damage at Unit/Flat 716, 133 Beach Road, Auckland Central, Auckland

At a glance

Tenancy Tribunal case 4956003 — Property damage at Unit/Flat 716, 133 Beach Road, Auckland Central, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions