What was the outcome of Tenancy Tribunal case 4983628?

The tribunal order states: Navpreet Singh Chattha must pay Barfoot & Thompson Property Limited As

How much money was awarded in case 4983628?

Cleaning: $356.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4830759 D…: $3,730.62 awarded to landlord; Property Damage: $27.50 awarded to landlord; Rent Arrears: $1,560.71 awarded to landlord; Rubbish Removal: $700.00 awarded to landlord; Water Rates: $132.60 awarded to landlord

What type of tenancy dispute was case 4983628?

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

Where can I read the official tribunal order for case 4983628?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10955611-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4983628?

The tribunal order states: Navpreet Singh Chattha must pay Barfoot & Thompson Property Limited As

How much money was awarded in case 4983628?

Cleaning: $356.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4830759 D…: $3,730.62 awarded to landlord; Property Damage: $27.50 awarded to landlord; Rent Arrears: $1,560.71 awarded to landlord; Rubbish Removal: $700.00 awarded to landlord; Water Rates: $132.60 awarded to landlord

What type of tenancy dispute was case 4983628?

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

Where can I read the official tribunal order for case 4983628?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10955611-Tenancy_Tribunal_Order.pdf.

468A Fraser Street, Parkvale, Tauranga 3112 Tenancy Tribunal Case 4983628 — Rent arrears

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Reasons

Claims and awards in Tenancy Tribunal application 4983628 — net $6,534.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 1/5/24-19/5/24	$1,560.71	Rent arrears 1/5/24-19/5/24
Previous order application 4830759 dated 30/04/2024	$3,730.62	Previous order application 4830759 dated 30/04/2024
Water rates as at 19/5/24	$132.60	Water rates as at 19/5/24
Cleaning	$356.50	Cleaning
Rubbish removal	$700.00	Rubbish removal
Replacement ont power adaptor	$27.50	Replacement ont power adaptor
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,534.93
Total payable by Tenant to Landlord	$6,534.93

This application was scheduled to be heard today at Tauranga District Court. The tenant did not attend today’s hearing and so it proceeded in his absence.

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

How much is owed for rent and water rates?

The tenancy was terminated by way of a Tribunal Order dated 30 April 2024. At that time the tenant owed $4,624.00 in rent and that amount was included in the order made that day. From 1 May 2024 to 19 May 2024, which I accept was the date on which the tenant vacated the premises, there was further rent arrears amounting to $1560.71.

There was also a further water account amounting to $132.60.

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 photographs show that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

I am dismissing the claim for the lawns being mowed and other garden work because this work was done more than 2 months after the tenant had vacated the premises and obviously lawns would have grown during that period.

I accept that the ont power adaptor was missing and required replacing.

The amounts ordered to remedy these issues are proved by invoices.

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.

I accept that the tenant caused damage by putting mesh over windows which required removal. The photos also show that two kitchen cupboard doors are missing and that bedroom 3 door required replacing.

The landlord claimed a total of $1075.25 to remedy these issues, including rubbish removal.

This amount also included the cost of fitting skirting boards to the fridge cavity, installing a handle and catch to the lounge cupboard door, installing a handle to bedroom 1 door, and removing a cavity slider, pelmet and door.

I have reduced the amount payable under this heading to $700.00 because there was no evidence supporting the claims outlined in paragraph 16 above.

The landlord also claims a further $2,300.00 as compensation for the damage caused by methamphetamine use in the house - $2,300.00 is the lesser amount between 4 weeks rent and the excess payable ($2,500.00) for decontaminating the premises.

I note that the claim in the application refers to a claim for damages and makes no reference to methamphetamine.

A report shows that at the end of the tenancy there was the presence of methamphetamine in various rooms, the highest being 12.7mu/100cm 2 in the kitchen/dining room, and then going down to 7.9mu/100cm 2 in in bedroom 2 and various other readings below those.

The issue for the Tribunal is whether these results establish that the tenant has caused damage to the premises during the tenancy by smoking/using methamphetamine and should pay compensation as claimed.

Tribunal decisions over the last few years show that the Tribunal has adopted 15mu/100cm 2 and above as the level at which premises could be regarded as being contaminated/damaged by methamphetamine.

The District Court has endorsed this approach – see for example Full Circle Real Estate Limited v Danielle Piper [2019] NZDC 4947.

Given that all the levels in the current application are below the 15mu/100 cm 2 level, I am dismissing the claim for compensation for methamphetamine decontamination. Filing fee reimbursement

I am ordering the tenant to reimburse the filing fee to the landlord because the landlord has substantially succeeded with the claim. C ter Haar 15 October 2024

Reasons

Claims and awards in Tenancy Tribunal application 4983628 — net $6,534.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 1/5/24-19/5/24	$1,560.71	Rent arrears 1/5/24-19/5/24
Previous order application 4830759 dated 30/04/2024	$3,730.62	Previous order application 4830759 dated 30/04/2024
Water rates as at 19/5/24	$132.60	Water rates as at 19/5/24
Cleaning	$356.50	Cleaning
Rubbish removal	$700.00	Rubbish removal
Replacement ont power adaptor	$27.50	Replacement ont power adaptor
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,534.93
Total payable by Tenant to Landlord	$6,534.93

This application was scheduled to be heard today at Tauranga District Court. The tenant did not attend today’s hearing and so it proceeded in his absence.

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

How much is owed for rent and water rates?

There was also a further water account amounting to $132.60.

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

The photographs show that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

I accept that the ont power adaptor was missing and required replacing.

The amounts ordered to remedy these issues are proved by invoices.

Is the tenant responsible for the damage to the premises?

The landlord claimed a total of $1075.25 to remedy these issues, including rubbish removal.

I have reduced the amount payable under this heading to $700.00 because there was no evidence supporting the claims outlined in paragraph 16 above.

I note that the claim in the application refers to a claim for damages and makes no reference to methamphetamine.

Tribunal decisions over the last few years show that the Tribunal has adopted 15mu/100cm 2 and above as the level at which premises could be regarded as being contaminated/damaged by methamphetamine.

The District Court has endorsed this approach – see for example Full Circle Real Estate Limited v Danielle Piper [2019] NZDC 4947.

Given that all the levels in the current application are below the 15mu/100 cm 2 level, I am dismissing the claim for compensation for methamphetamine decontamination. Filing fee reimbursement

I am ordering the tenant to reimburse the filing fee to the landlord because the landlord has substantially succeeded with the claim. C ter Haar 15 October 2024

Tenancy Tribunal case 4983628 — Rent arrears at 468A Fraser Street, Parkvale, Tauranga 3112

At a glance

Tenancy Tribunal case 4983628 — Rent arrears at 468A Fraser Street, Parkvale, Tauranga 3112

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