How much money was awarded in case 5019728?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $17,360.00 awarded to landlord; Rubbish Removal: $2,000.00 awarded to landlord

What type of tenancy dispute was case 5019728?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5019728?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11662816-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5019728?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $17,360.00 awarded to landlord; Rubbish Removal: $2,000.00 awarded to landlord

What type of tenancy dispute was case 5019728?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5019728?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11662816-Tribunal_Order_Redacted.pdf.

Unit/Flat 8, 37 Ambler Avenue, Glen Eden, Auckland 0602 Tenancy Tribunal Case 5019728 — Rent arrears

Q: What was Tenancy Tribunal case 5019728 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5019728 — net $16,987.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 19 November 2024	$17,360.00	Rent arrears as at 19 November 2024
Rubbish removal, repairs to house etc	$2,000.00	Rubbish removal, repairs to house etc
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$16,987.00
Total payable by Tenant to Landlord	$16,987.00

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

Monik Mudaliar must pay [The landlord/s] $16,987.00 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2400.00 to [The landlord/s] immediately.

Reasons

This hearing was scheduled to be heard by video conference. Ms Mudaliar did not connect to the Teams link and nor did she answer her phone when called. The hearing proceeded in her absence.

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

How much is owed for rent?

Ms Mudaliar vacated the tenancy on 15 November 2024. However she had changed the password for entry to the premises and the landlord was unable to enter the premises until 21 November 2024.

The landlord has applied for rent arrears to 19 November 2024 which is the end of the rent period of the week that she vacated the tenancy. Given that the tenant had changed the password preventing the landlord from accessing the premises, I am accepting that the tenant ought to pay the rent arrears claimed even though she vacated on 15 November 2024.

The landlord provided rent records which prove the amount owing as at 19 November 2024.

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.

As referred to earlier, the tenant did not give the new password for entry to the landlord so they could gain access.

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.

After viewing photographs the damage that the tenant incurred during the tenancy which is more than fair wear and tear includes damage to the walls, the toilet seat and roll holder, window latches, kitchen cabinet latches and a roller blind.

The landlord has claimed $3,450.00 as the cost of remedying all the issues outlined in paragraphs 6-8 and 12.

I have reduced the amount claimed to $2,000.00 because I consider that some of the issues claimed are fair wear and tear. The invoice for $3,450.00 was not itemised and so I have estimated the total cost of remedy as being $2,000.00.

Please note that I accept that any insurance excess available to the landlord would be more than the sum claimed for each item. Filing fee reimbursement

I am also ordering the tenant to reimburse the filing fee to the landlord because the landlord was substantially successful in their claim against her. Suppression of name

I am also allowing the landlord’s application to have their name suppressed because they were substantially successful in their claim – see s95A(3) of the Residential Tenancies Act 1986. C ter Haar 02 April 2025

Claims and awards in Tenancy Tribunal application 5019728 — net $16,987.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 19 November 2024	$17,360.00	Rent arrears as at 19 November 2024
Rubbish removal, repairs to house etc	$2,000.00	Rubbish removal, repairs to house etc
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$16,987.00
Total payable by Tenant to Landlord	$16,987.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Monik Mudaliar must pay [The landlord/s] $16,987.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2400.00 to [The landlord/s] immediately.

Reasons

This hearing was scheduled to be heard by video conference. Ms Mudaliar did not connect to the Teams link and nor did she answer her phone when called. The hearing proceeded in her absence.
The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

Ms Mudaliar vacated the tenancy on 15 November 2024. However she had changed the password for entry to the premises and the landlord was unable to enter the premises until 21 November 2024.
The landlord has applied for rent arrears to 19 November 2024 which is the end of the rent period of the week that she vacated the tenancy. Given that the tenant had changed the password preventing the landlord from accessing the premises, I am accepting that the tenant ought to pay the rent arrears claimed even though she vacated on 15 November 2024.
The landlord provided rent records which prove the amount owing as at 19 November 2024.

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.
As referred to earlier, the tenant did not give the new password for entry to the landlord so they could gain access.

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.
After viewing photographs the damage that the tenant incurred during the tenancy which is more than fair wear and tear includes damage to the walls, the toilet seat and roll holder, window latches, kitchen cabinet latches and a roller blind.
The landlord has claimed $3,450.00 as the cost of remedying all the issues outlined in paragraphs 6-8 and 12.
I have reduced the amount claimed to $2,000.00 because I consider that some of the issues claimed are fair wear and tear. The invoice for $3,450.00 was not itemised and so I have estimated the total cost of remedy as being $2,000.00.
Please note that I accept that any insurance excess available to the landlord would be more than the sum claimed for each item. Filing fee reimbursement
I am also ordering the tenant to reimburse the filing fee to the landlord because the landlord was substantially successful in their claim against her. Suppression of name
I am also allowing the landlord’s application to have their name suppressed because they were substantially successful in their claim – see s95A(3) of the Residential Tenancies Act 1986. C ter Haar 02 April 2025

Tenancy Tribunal case 5019728 — Rent arrears at Unit/Flat 8, 37 Ambler Avenue, Glen Eden, Auckland 0602

At a glance

Tenancy Tribunal case 5019728 — Rent arrears at Unit/Flat 8, 37 Ambler Avenue, Glen Eden, Auckland 0602

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