What was the outcome of Tenancy Tribunal case 5214320?

The tribunal order states: Depender Chauhan and Paras Rana must pay Max Rentals NZ Limited as

How much money was awarded in case 5214320?

Filing Fee: $27.00 awarded to landlord; Gas Bottle: $335.10 awarded to landlord; Rent Arrears: $802.86 awarded to landlord; Water Rates: $293.91 awarded to landlord

What type of tenancy dispute was case 5214320?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5214320?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12117697-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5214320?

The tribunal order states: Depender Chauhan and Paras Rana must pay Max Rentals NZ Limited as

How much money was awarded in case 5214320?

Filing Fee: $27.00 awarded to landlord; Gas Bottle: $335.10 awarded to landlord; Rent Arrears: $802.86 awarded to landlord; Water Rates: $293.91 awarded to landlord

What type of tenancy dispute was case 5214320?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5214320?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12117697-Tenancy_Tribunal_Order.pdf.

43D Mirrabooka Avenue, Botany Downs, Auckland 2010 Tenancy Tribunal Case 5214320 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5214320 — net $1,458.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 February 2025	$802.86	Rent arrears to 24 February 2025
Water rates: Aug 24 - Jan 25	$293.91	Water rates: Aug 24 - Jan 25
Gas bottle	$335.10	Gas bottle
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,458.87
Total payable by Tenant to Landlord	$1,458.87

Depender Chauhan and Paras Rana must pay Max Rentals NZ Limited as Agent For Silicon Corporation Ltd $1,458.87 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 24 February 2025$802.86 Water rates: Aug 24 - Jan 25$293.91 Gas bottle$335.10 Filing fee reimbursement$27.00 Total award$1,458.87 Total payable by Tenant to Landlord$1,458.87

Reasons

Only the applicant landlord attended the hearing which took place by teleconference. The tenants were called on the numbers provided but the calls went to answerphone.

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

How much is owed for rent, water rates and gas?

The landlord advised that the tenancy ended on 24 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. The bond has already been refunded to reduce the rent arrears. The balance owed is ordered today.

The landlord provided water rates invoices. Prior to August 2024 the property did not have a separate water meter due to being a new build. The landlord advised that the charges from June to July 2024 were divided between two premises and sought $110.00 for this tenancy.

Section 39 of The Residential Tenancies Act 1986 provides that the landlord is responsible for all outgoings that apply whether or not the premises is occupied. That is why the landlord is responsible for fixed charges on the water bills. The tenant is responsible for all outgoings in respect of the tenancy premises that are exclusively attributable to the tenant’s occupation of the premises or the tenant’s use of the facilities. As the water usage was not separately metered in June and July I cannot be satisfied that the amount sought is exclusively attributable to the tenant’s usage. Therefore, this will not be ordered.

The tenant is ordered to pay the water usage for the bills from August 2024 – January 2025 which total $293.91.

The landlord provided a power and gas invoice paid by the landlord at the commencement of the tenancy and sought reimbursement. The power connection and usage charges relate to a period prior to this tenancy commencing and will therefore not be ordered. The tenant is ordered to reimburse the cost of the gas bottle delivered on 26 June 2024 of $335.10 on the basis that this was used during 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 landlord claimed that the tenant did not leave the premises reasonably clean and tidy and did not mow the lawns.

The landlord provided an invoice for general cleaning but did not provide an exit inspection report and instead provided photographs taken on 16 January 2025. I am not satisfied on the balance of probabilities that the landlord has proved the condition of the premises at the end of the tenancy, therefore, the cleaning costs will not be ordered. The landlord provided an invoice for cutting grass and weeds, dumping the green waste, putting weed killer spray on all the corners and edges and tightening toilet seats for three bathrooms and sought the full amount of $211.50. This amount is not proved and will not be ordered for the following reasons: (a)The photographs provided were taken on 16 January 2025. The photographs do not show any lawn and instead it appears that the exterior grounds were bare dirt with little planting which as a result weeds have begun to grow. (b)There is no exit inspection report provided so the landlord has not proved the condition of the exterior at the end of the tenancy. (c)The invoice provided is for work done at two different addresses and there is no itemisation of what work relates to these premises.

Because Max Rentals NZ Limited as Agent For Silicon Corporation Ltd has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5214320 — net $1,458.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 February 2025	$802.86	Rent arrears to 24 February 2025
Water rates: Aug 24 - Jan 25	$293.91	Water rates: Aug 24 - Jan 25
Gas bottle	$335.10	Gas bottle
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,458.87
Total payable by Tenant to Landlord	$1,458.87

Order

Depender Chauhan and Paras Rana must pay Max Rentals NZ Limited as Agent For Silicon Corporation Ltd $1,458.87 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 24 February 2025$802.86 Water rates: Aug 24 - Jan 25$293.91 Gas bottle$335.10 Filing fee reimbursement$27.00 Total award$1,458.87 Total payable by Tenant to Landlord$1,458.87

Reasons

Only the applicant landlord attended the hearing which took place by teleconference. The tenants were called on the numbers provided but the calls went to answerphone.
The landlord has applied for rent and water arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent, water rates and gas?

The landlord advised that the tenancy ended on 24 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. The bond has already been refunded to reduce the rent arrears. The balance owed is ordered today.
The landlord provided water rates invoices. Prior to August 2024 the property did not have a separate water meter due to being a new build. The landlord advised that the charges from June to July 2024 were divided between two premises and sought $110.00 for this tenancy.
Section 39 of The Residential Tenancies Act 1986 provides that the landlord is responsible for all outgoings that apply whether or not the premises is occupied. That is why the landlord is responsible for fixed charges on the water bills. The tenant is responsible for all outgoings in respect of the tenancy premises that are exclusively attributable to the tenant’s occupation of the premises or the tenant’s use of the facilities. As the water usage was not separately metered in June and July I cannot be satisfied that the amount sought is exclusively attributable to the tenant’s usage. Therefore, this will not be ordered.
The tenant is ordered to pay the water usage for the bills from August 2024 – January 2025 which total $293.91.
The landlord provided a power and gas invoice paid by the landlord at the commencement of the tenancy and sought reimbursement. The power connection and usage charges relate to a period prior to this tenancy commencing and will therefore not be ordered. The tenant is ordered to reimburse the cost of the gas bottle delivered on 26 June 2024 of $335.10 on the basis that this was used during 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 landlord claimed that the tenant did not leave the premises reasonably clean and tidy and did not mow the lawns.
The landlord provided an invoice for general cleaning but did not provide an exit inspection report and instead provided photographs taken on 16 January 2025. I am not satisfied on the balance of probabilities that the landlord has proved the condition of the premises at the end of the tenancy, therefore, the cleaning costs will not be ordered. The landlord provided an invoice for cutting grass and weeds, dumping the green waste, putting weed killer spray on all the corners and edges and tightening toilet seats for three bathrooms and sought the full amount of $211.50. This amount is not proved and will not be ordered for the following reasons: (a)The photographs provided were taken on 16 January 2025. The photographs do not show any lawn and instead it appears that the exterior grounds were bare dirt with little planting which as a result weeds have begun to grow. (b)There is no exit inspection report provided so the landlord has not proved the condition of the exterior at the end of the tenancy. (c)The invoice provided is for work done at two different addresses and there is no itemisation of what work relates to these premises.
Because Max Rentals NZ Limited as Agent For Silicon Corporation Ltd has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5214320 — Rent arrears at 43D Mirrabooka Avenue, Botany Downs, Auckland 2010

At a glance

Tenancy Tribunal case 5214320 — Rent arrears at 43D Mirrabooka Avenue, Botany Downs, Auckland 2010

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent, water rates and gas?

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

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, water rates and gas?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions