What was the outcome of Tenancy Tribunal case 4963621?

The tribunal order states: Anastasia Miru waha-Rai must pay Oaks Property Management Limited As

How much money was awarded in case 4963621?

Filing Fee: $27.00 awarded to landlord; Property Damage: $115.00 awarded to landlord; Rent Arrears: $1,818.57 awarded to landlord; To Walls: $333.50 awarded to landlord; Wardrobe Door: $138.00 awarded to landlord; Replace Shower Door: $678.50 awarded to landlord; Rubbish Removal: $1,345.50 awarded to landlord; Water Rates: $70.92 awarded to landlord

What type of tenancy dispute was case 4963621?

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

Where can I read the official tribunal order for case 4963621?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10931950-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4963621?

The tribunal order states: Anastasia Miru waha-Rai must pay Oaks Property Management Limited As

How much money was awarded in case 4963621?

Filing Fee: $27.00 awarded to landlord; Property Damage: $115.00 awarded to landlord; Rent Arrears: $1,818.57 awarded to landlord; To Walls: $333.50 awarded to landlord; Wardrobe Door: $138.00 awarded to landlord; Replace Shower Door: $678.50 awarded to landlord; Rubbish Removal: $1,345.50 awarded to landlord; Water Rates: $70.92 awarded to landlord

What type of tenancy dispute was case 4963621?

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

Where can I read the official tribunal order for case 4963621?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10931950-Tenancy_Tribunal_Order.pdf.

11A Hollinbrigg Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 4963621 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4963621 — net $1,926.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30/7/2024	$1,818.57	Rent arrears to 30/7/2024
Water rates	$70.92	Water rates
Carpet cleaning, rubbish removal lawn mowing and oven clean	$1,345.50	Carpet cleaning, rubbish removal lawn mowing and oven clean
Repairs: to walls	$333.50	Repairs: to walls
Repairs: wardrobe door	$138.00	Repairs: wardrobe door
Electrical fittings replacement - heat pump remote	$115.00	Electrical fittings replacement - heat pump remote
Replace shower door	$678.50	Replace shower door
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,926.99
Total payable by Tenant to Landlord	$1,926.99

Anastasia Miru waha-Rai must pay Oaks Property Management Limited As Agent For Ashok Kumar & Babita Kumar $1,926.99 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,600.00 (6445616-005) to Oaks Property Management Limited As Agent For Ashok Kumar & Babita Kumar immediately.

Reasons

Only the applicant landlord attended the hearing. The tenant did not join the video meeting and could not be contacted on her cell phone.

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 30/7/2024. The landlord provided rent records and water rates invoices which prove the amount 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. 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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The carpets were dirty and required cleaning. The lawns and gardens were overgrown.

The landlord had to replace the heat pump remote.

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.

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: the shower and wardrobe doors were damaged and there were several holes in walls. The damage is more than fair wear and tear, likely caused by intentional or negligent actions and the tenant has not disproved liability for the damage.

The amounts ordered are proved by the invoices and photographs provided.

I have not taken into account betterment and depreciation. The landlord has claimed only for repairs and is entitled to full reimbursement.

Because Oaks Property Management Limited As Agent For Ashok Kumar & Babita Kumar has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4963621 — net $1,926.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30/7/2024	$1,818.57	Rent arrears to 30/7/2024
Water rates	$70.92	Water rates
Carpet cleaning, rubbish removal lawn mowing and oven clean	$1,345.50	Carpet cleaning, rubbish removal lawn mowing and oven clean
Repairs: to walls	$333.50	Repairs: to walls
Repairs: wardrobe door	$138.00	Repairs: wardrobe door
Electrical fittings replacement - heat pump remote	$115.00	Electrical fittings replacement - heat pump remote
Replace shower door	$678.50	Replace shower door
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,926.99
Total payable by Tenant to Landlord	$1,926.99

Order

Anastasia Miru waha-Rai must pay Oaks Property Management Limited As Agent For Ashok Kumar & Babita Kumar $1,926.99 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (6445616-005) to Oaks Property Management Limited As Agent For Ashok Kumar & Babita Kumar immediately.

Reasons

Only the applicant landlord attended the hearing. The tenant did not join the video meeting and could not be contacted on her cell phone.
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 30/7/2024. The landlord provided rent records and water rates invoices which prove the amount 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. 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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The carpets were dirty and required cleaning. The lawns and gardens were overgrown.
The landlord had to replace the heat pump remote.
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.
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: the shower and wardrobe doors were damaged and there were several holes in walls. The damage is more than fair wear and tear, likely caused by intentional or negligent actions and the tenant has not disproved liability for the damage.
The amounts ordered are proved by the invoices and photographs provided.
I have not taken into account betterment and depreciation. The landlord has claimed only for repairs and is entitled to full reimbursement.
Because Oaks Property Management Limited As Agent For Ashok Kumar & Babita Kumar has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4963621 — Rent arrears at 11A Hollinbrigg Place, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4963621 — Rent arrears at 11A Hollinbrigg Place, Manurewa, Auckland 2102

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