What was the outcome of Tenancy Tribunal case 5194331?

The tribunal order states: Roselyn Prakash and Shalvin Sanjeev Prakash must pay Cooper & Co Real

How much money was awarded in case 5194331?

Filing Fee: $27.00 awarded to landlord; Property Damage: $2,343.00 awarded to landlord; Rent Arrears: $88.57 awarded to landlord; Water Rates: $21.26 awarded to landlord

What type of tenancy dispute was case 5194331?

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

Where can I read the official tribunal order for case 5194331?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11994947-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5194331?

The tribunal order states: Roselyn Prakash and Shalvin Sanjeev Prakash must pay Cooper & Co Real

How much money was awarded in case 5194331?

Filing Fee: $27.00 awarded to landlord; Property Damage: $2,343.00 awarded to landlord; Rent Arrears: $88.57 awarded to landlord; Water Rates: $21.26 awarded to landlord

What type of tenancy dispute was case 5194331?

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

Where can I read the official tribunal order for case 5194331?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11994947-Tenancy_Tribunal_Order.pdf.

32 Landon Avenue, Mangere East, Auckland 2024 Tenancy Tribunal Case 5194331 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5194331 — net $2,479.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (5.5.24	$88.57	Rent arrears (5.5.24
Water rates	$21.26	Water rates
Carpet replacement (depreciated	$2,343.00	Carpet replacement (depreciated
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,479.83
Total payable by Tenant to Landlord	$2,479.83

Both parties attended the hearing. Ms Joseph and Ms Sinanke represented the landlord. Ms Hiroko Jenni who works at the landlord company gave evidence.

The landlord has applied for rent arrears, water rates, the cost of carpet replacement, and the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 5 May 2024. The tenants confirmed they vacated that day. Although they asked to be excused from rent for that day, no agreement was reached. The tenants are liable for rent to the date they vacated, whatever the time of the day they left.

The landlord provided rent records and water rates invoices which prove the amount of rent and water rates owing at 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 of the Residential Tenancies Act 1986 (RTA).

The carpets throughout the premises were stained with multiple colours. The owner had to replace the carpets. They could not be cleaned sufficiently well.

The owner is insured for tenant damage but made no claim. With claims where there are multiple events, insurers apply a separate excess for each event.

Ms Jenny gave evidence that the carpets were in near-new condition at the start of the tenancy. The tenants accepted that the carpets were clean and in good condition.

The tenancy lasted a little over 3 years. Mr Prakash made the valid point that fair wear and tear must be considered. The landlord’s representatives accepted that.

The replacement cost of the carpets was $4,249.00. In the application, the landlord sought compensation of $2,343.00 which is about one half of the incurred cost.

I have adopted that figure as the amount the tenants should reasonably pay for the damage they caused to the carpets. They referred to a burglary when some Fanta soft drink was spilt on the lounge carpet, and they suggested the carpets were stained by mould.

The photos produced in evidence show significant multi-colour staining, unlikely to be the result of mould.

Ms Jenny gave reliable evidence about the condition of the carpets at the start of the tenancy and at the end.

I find that the tenants caused careless damage to the carpets throughout the premises and as a result the carpets had to be replaced. Mr Prakash noted that the premises had since been sold. That does not alter the tenants’ liability since the owner of the premises replaced the carpets before the sale.

The amount ordered is proved by photos, an invoice for the replacement carpet, and by the evidence the landlord’s witness gave.

I have considered betterment and depreciation and fair wear and tear. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have considered the age and condition of the carpet at the start of the tenancy and its likely lifespan. I have erred on the side of caution which is to the tenants’ benefit.

As the application is successful, the tenants must pay the landlord’s Tribunal filing fee.

Claims and awards in Tenancy Tribunal application 5194331 — net $2,479.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (5.5.24	$88.57	Rent arrears (5.5.24
Water rates	$21.26	Water rates
Carpet replacement (depreciated	$2,343.00	Carpet replacement (depreciated
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,479.83
Total payable by Tenant to Landlord	$2,479.83

Order

Roselyn Prakash and Shalvin Sanjeev Prakash must pay Cooper & Co Real Estate Limited as agent for Eisaku $2,479.83 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing. Ms Joseph and Ms Sinanke represented the landlord. Ms Hiroko Jenni who works at the landlord company gave evidence.
The landlord has applied for rent arrears, water rates, the cost of carpet replacement, and the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 5 May 2024. The tenants confirmed they vacated that day. Although they asked to be excused from rent for that day, no agreement was reached. The tenants are liable for rent to the date they vacated, whatever the time of the day they left.
The landlord provided rent records and water rates invoices which prove the amount of rent and water rates owing at 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 of the Residential Tenancies Act 1986 (RTA).
The carpets throughout the premises were stained with multiple colours. The owner had to replace the carpets. They could not be cleaned sufficiently well.
The owner is insured for tenant damage but made no claim. With claims where there are multiple events, insurers apply a separate excess for each event.
Ms Jenny gave evidence that the carpets were in near-new condition at the start of the tenancy. The tenants accepted that the carpets were clean and in good condition.
The tenancy lasted a little over 3 years. Mr Prakash made the valid point that fair wear and tear must be considered. The landlord’s representatives accepted that.
The replacement cost of the carpets was $4,249.00. In the application, the landlord sought compensation of $2,343.00 which is about one half of the incurred cost.
I have adopted that figure as the amount the tenants should reasonably pay for the damage they caused to the carpets. They referred to a burglary when some Fanta soft drink was spilt on the lounge carpet, and they suggested the carpets were stained by mould.
The photos produced in evidence show significant multi-colour staining, unlikely to be the result of mould.
Ms Jenny gave reliable evidence about the condition of the carpets at the start of the tenancy and at the end.
I find that the tenants caused careless damage to the carpets throughout the premises and as a result the carpets had to be replaced. Mr Prakash noted that the premises had since been sold. That does not alter the tenants’ liability since the owner of the premises replaced the carpets before the sale.
The amount ordered is proved by photos, an invoice for the replacement carpet, and by the evidence the landlord’s witness gave.
I have considered betterment and depreciation and fair wear and tear. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have considered the age and condition of the carpet at the start of the tenancy and its likely lifespan. I have erred on the side of caution which is to the tenants’ benefit.
As the application is successful, the tenants must pay the landlord’s Tribunal filing fee.

Tenancy Tribunal case 5194331 — Property damage at 32 Landon Avenue, Mangere East, Auckland 2024

At a glance

Tenancy Tribunal case 5194331 — Property damage at 32 Landon Avenue, Mangere East, Auckland 2024

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions