What was the outcome of Tenancy Tribunal case 5030801?

The tribunal order states: Rakesh Kumar, Shayal Ram and Mike Smith must pay The Rent Shop

How much money was awarded in case 5030801?

Cleaning: $300.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $190.00 awarded to landlord; Property Damage: $236.67 awarded to landlord; Rent Arrears: $3,954.29 awarded to landlord; Rubbish Removal: $274.05 awarded to landlord; Water Rates: $744.53 awarded to landlord

What type of tenancy dispute was case 5030801?

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

Where can I read the official tribunal order for case 5030801?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11210033-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5030801?

The tribunal order states: Rakesh Kumar, Shayal Ram and Mike Smith must pay The Rent Shop

How much money was awarded in case 5030801?

Cleaning: $300.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $190.00 awarded to landlord; Property Damage: $236.67 awarded to landlord; Rent Arrears: $3,954.29 awarded to landlord; Rubbish Removal: $274.05 awarded to landlord; Water Rates: $744.53 awarded to landlord

What type of tenancy dispute was case 5030801?

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

Where can I read the official tribunal order for case 5030801?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11210033-Tenancy_Tribunal_Order.pdf.

423 Don Buck Road, Massey, Auckland 0614 Tenancy Tribunal Case 5030801 — Rent arrears

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423 Don Buck Road, Massey, Auckland 0614 Tenancy Tribunal Case 5030801 — Rent arrears | 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 5030801 — net $2,806.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 August 2024	$3,954.29	Rent arrears to 26 August 2024
Water rates	$744.53	Water rates
Shower repairs	$236.67	Shower repairs
Lawns and Garden work	$190.00	Lawns and Garden work
Rubbish removal	$274.05	Rubbish removal
Cleaning	$300.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,806.54
Total payable by Tenant to Landlord	$2,806.54

Claims and awards for application 5030801 — net $2,806.54 NZD. Verify on MoJ.

Rent arrears to 26 August 2024

Amount: $3,954.29
Awarded to: Landlord
Reason: Rent arrears to 26 August 2024

Water rates

Amount: $744.53
Awarded to: Landlord
Reason: Water rates

Shower repairs

Amount: $236.67
Awarded to: Landlord
Reason: Shower repairs

Lawns and Garden work

Amount: $190.00
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal

Amount: $274.05
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Water Rates

Order

Rakesh Kumar, Shayal Ram and Mike Smith must pay The Rent Shop Hobsonville Limited Acting Agent For Urvashi Patel $2,806.54 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,920.00 (6396419-002) to The Rent Shop Hobsonville Limited Acting Agent For Urvashi Patel immediately.
This order incorporates the Tribunal order made on 16 July 2024 under application 4834995.

Reasons

The landlord attended the hearing.
Ms Ram answered her phone and said she was expecting Mr Kumar to appear at the hearing on behalf of the tenants. Ms Ram was not able to take part in the hearing. Earlier today Mr Kumar asked for an adjournment on medical grounds. This was not allowed because it seemed to me that the medical certificate did not explain why Mr Kumar could not appear at a hearing by telephone.
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 landlord said this tenancy terminated after the tenants breached the conditional termination order made in July, and 26 August was the day the tenants moved out. I find the tenancy ended on 26 August 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The previous order 4834995 is incorporated into this order for enforcement purposes.

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

Tenants must keep the premises reasonably clean and tidy during the tenancy, and they must return them in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.
The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
The landlord provided me with photos taken at the end of the tenancy. I can see the lawns were not left in a reasonable condition. Rubbish was left outside the house. The amounts ordered are proved.
I have not allowed the full amount claimed for cleaning. I accept the laundry smelled badly of dog and had to be scrubbed and cleaned to get rid of the smell. I have photos showing me other areas that needed additional cleaning. However the photos do not support the claim for $414. I have allowed an amount that seems reasonable based on the evidence provided.

Are the tenants 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.
Repairs were needed to one of the showers and there is an invoice for replacing the shower hose and rose. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

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 5030801 — net $2,806.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 August 2024	$3,954.29	Rent arrears to 26 August 2024
Water rates	$744.53	Water rates
Shower repairs	$236.67	Shower repairs
Lawns and Garden work	$190.00	Lawns and Garden work
Rubbish removal	$274.05	Rubbish removal
Cleaning	$300.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,806.54
Total payable by Tenant to Landlord	$2,806.54

Claims and awards for application 5030801 — net $2,806.54 NZD. Verify on MoJ.

Rent arrears to 26 August 2024

Amount: $3,954.29
Awarded to: Landlord
Reason: Rent arrears to 26 August 2024

Water rates

Amount: $744.53
Awarded to: Landlord
Reason: Water rates

Shower repairs

Amount: $236.67
Awarded to: Landlord
Reason: Shower repairs

Lawns and Garden work

Amount: $190.00
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal

Amount: $274.05
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Water Rates

Order

Rakesh Kumar, Shayal Ram and Mike Smith must pay The Rent Shop Hobsonville Limited Acting Agent For Urvashi Patel $2,806.54 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,920.00 (6396419-002) to The Rent Shop Hobsonville Limited Acting Agent For Urvashi Patel immediately.
This order incorporates the Tribunal order made on 16 July 2024 under application 4834995.

Reasons

The landlord attended the hearing.
Ms Ram answered her phone and said she was expecting Mr Kumar to appear at the hearing on behalf of the tenants. Ms Ram was not able to take part in the hearing. Earlier today Mr Kumar asked for an adjournment on medical grounds. This was not allowed because it seemed to me that the medical certificate did not explain why Mr Kumar could not appear at a hearing by telephone.
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 landlord said this tenancy terminated after the tenants breached the conditional termination order made in July, and 26 August was the day the tenants moved out. I find the tenancy ended on 26 August 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The previous order 4834995 is incorporated into this order for enforcement purposes.

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

Tenants must keep the premises reasonably clean and tidy during the tenancy, and they must return them in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.
The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
The landlord provided me with photos taken at the end of the tenancy. I can see the lawns were not left in a reasonable condition. Rubbish was left outside the house. The amounts ordered are proved.
I have not allowed the full amount claimed for cleaning. I accept the laundry smelled badly of dog and had to be scrubbed and cleaned to get rid of the smell. I have photos showing me other areas that needed additional cleaning. However the photos do not support the claim for $414. I have allowed an amount that seems reasonable based on the evidence provided.

Are the tenants 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.
Repairs were needed to one of the showers and there is an invoice for replacing the shower hose and rose. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5030801 — Rent arrears at 423 Don Buck Road, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 5030801 — Rent arrears at 423 Don Buck Road, Massey, Auckland 0614

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Are the tenants 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 tenants comply with their obligations at the end of the tenancy?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions