What was Tenancy Tribunal case 4521563 about?

The tribunal order states: [The landlord/s] must pay [The tenant/s] $3,120.44 immediately, calculated

How much money was awarded in case 4521563?

Compensation: Reimburse Bin Hire: $400.00 awarded to tenant; Compensation: Reimburse fixed water…: $2,700.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4521563?

The dispute type was not classified.

Where can I read the official tribunal order for case 4521563?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9626224-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4521563 about?

The tribunal order states: [The landlord/s] must pay [The tenant/s] $3,120.44 immediately, calculated

How much money was awarded in case 4521563?

Compensation: Reimburse Bin Hire: $400.00 awarded to tenant; Compensation: Reimburse fixed water…: $2,700.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4521563?

The dispute type was not classified.

Where can I read the official tribunal order for case 4521563?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9626224-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 28 Royal View Road, Te Atatu South, Auckland Tenancy Tribunal Case 4521563 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 4521563 — net $3,120.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Reimburse fixed water charges	$2,700.00	Reimburse fixed water charges
Compensation: Reimburse bin hire	$400.00	Reimburse bin hire
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,120.44
Total payable by Landlord to Tenant	$3,120.44

[The landlord/s] must pay [The tenant/s] $3,120.44 immediately, calculated as shown in table below: DescriptionTenant Compensation: Reimburse fixed water charges $2,700.00 Compensation: Reimburse bin hire $400.00 Filing fee reimbursement$20.44 Total award $3,120.44 Total payable by Landlord to Tenant $3,120.44

Reasons

Both parties attended the hearing which took place by teleconference.

The tenant today sought reimbursement of fixed water charges, reimbursement of the cost of bin hire for flooding clean up. He also referred to reimbursement for some maintenance done at the property during the tenancy but as this was work done by agreement during the tenancy, he did not pursue this today.

This is a long-term tenancy. The tenant rented a home from the landlord in Te Atatu and lived there for ten years until they gave notice and moved out on 3 February 2023. There has been goodwill between the parties during the many years of this tenancy but some issues arose at the end that have brought the parties to the Tribunal. Fixed water charges

Section 39 of The Residential Tenancies Act 1986 states that the landlord is responsible for all outgoings that apply whether or not the premises are occupied. 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. Therefore, as the fixed charges are incurred whether or not the premises are occupied these are the responsibility of the landlord.

It is agreed that the tenant has paid the full water invoices since the commencement of the tenancy. The parties became aware at the end of the tenancy that the fixed charges are the responsibility of the landlord. The landlord agrees to reimbursement.

Neither party has produced copies of the water invoices dating back ten years. The tenant has obtained information from Watercare regarding the approximate fixed charges and calculates the amount owed to be over $3000 but does not give a specific figure.

The landlord agrees to pay $2700.00 in reimbursement. This equates to a little over $5.00 per week for the tenancy. Without an exact calculation the Tribunal considers this to be an appropriate amount of compensation and orders this accordingly. Flooding

The tenant claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.

Under section 45, a landlord has obligations including to provide and maintain the premises in a reasonable state of repair.

The premises contained an outside door into a basement area. This area had two parts, up a step was a laundry and below was a low stud storage area.

The tenants stated that from time to time during the tenancy there was a puddle of water in the storage area, but they had no record of notifying the landlord of this until on 15 January 2023. Following giving notice to end the tenancy the tenant sent the landlord an email about end of tenancy matters and stated “For your information Just lately with the heavy rain we have noticed that occasionally water comes in to the laundry room you will probably need to investigate this for new tenants”. The landlord advised that due to the nature of the message he did not investigate immediately and intended to look into this once the tenancy ended as indicated.

On 27 January 2023 Auckland experienced unprecedented flooding and the downstairs area flooded damaging goods that the tenants had stored there.

The landlord contacted the tenant through a third party to ask if they were ok and they replied they were not. The landlord then sent his brother-in-law to visit who looked around the property but took no action to assist with the clean-up.

The tenants hired a skip bin and cleared up the area themselves which largely included their stored belongings.

Having considered the evidence the Tribunal finds that although the flood in the basement on 27 January was unprecedented the landlord’s responsibility to maintain included a responsibility to assist with the clean up after the flooding. The tenant is seeking reimbursement of the cost of bin hire in the sum of $400.00 and the Tribunal orders payment of this amount.

The landlord advised that he has now closed off access to this area for future tenants. Filing fee

As the tenant has been substantially successful with their claim, I have reimbursed the filing fee. See section 102(4) Residential Tenancies Act 1986.

Claims and awards in Tenancy Tribunal application 4521563 — net $3,120.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Reimburse fixed water charges	$2,700.00	Reimburse fixed water charges
Compensation: Reimburse bin hire	$400.00	Reimburse bin hire
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,120.44
Total payable by Landlord to Tenant	$3,120.44

Order

[The landlord/s] must pay [The tenant/s] $3,120.44 immediately, calculated as shown in table below: DescriptionTenant Compensation: Reimburse fixed water charges $2,700.00 Compensation: Reimburse bin hire $400.00 Filing fee reimbursement$20.44 Total award $3,120.44 Total payable by Landlord to Tenant $3,120.44

Reasons

Both parties attended the hearing which took place by teleconference.
The tenant today sought reimbursement of fixed water charges, reimbursement of the cost of bin hire for flooding clean up. He also referred to reimbursement for some maintenance done at the property during the tenancy but as this was work done by agreement during the tenancy, he did not pursue this today.
This is a long-term tenancy. The tenant rented a home from the landlord in Te Atatu and lived there for ten years until they gave notice and moved out on 3 February 2023. There has been goodwill between the parties during the many years of this tenancy but some issues arose at the end that have brought the parties to the Tribunal. Fixed water charges
Section 39 of The Residential Tenancies Act 1986 states that the landlord is responsible for all outgoings that apply whether or not the premises are occupied. 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. Therefore, as the fixed charges are incurred whether or not the premises are occupied these are the responsibility of the landlord.
It is agreed that the tenant has paid the full water invoices since the commencement of the tenancy. The parties became aware at the end of the tenancy that the fixed charges are the responsibility of the landlord. The landlord agrees to reimbursement.
Neither party has produced copies of the water invoices dating back ten years. The tenant has obtained information from Watercare regarding the approximate fixed charges and calculates the amount owed to be over $3000 but does not give a specific figure.
The landlord agrees to pay $2700.00 in reimbursement. This equates to a little over $5.00 per week for the tenancy. Without an exact calculation the Tribunal considers this to be an appropriate amount of compensation and orders this accordingly. Flooding
The tenant claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord has obligations including to provide and maintain the premises in a reasonable state of repair.
The premises contained an outside door into a basement area. This area had two parts, up a step was a laundry and below was a low stud storage area.
The tenants stated that from time to time during the tenancy there was a puddle of water in the storage area, but they had no record of notifying the landlord of this until on 15 January 2023. Following giving notice to end the tenancy the tenant sent the landlord an email about end of tenancy matters and stated “For your information Just lately with the heavy rain we have noticed that occasionally water comes in to the laundry room you will probably need to investigate this for new tenants”. The landlord advised that due to the nature of the message he did not investigate immediately and intended to look into this once the tenancy ended as indicated.
On 27 January 2023 Auckland experienced unprecedented flooding and the downstairs area flooded damaging goods that the tenants had stored there.
The landlord contacted the tenant through a third party to ask if they were ok and they replied they were not. The landlord then sent his brother-in-law to visit who looked around the property but took no action to assist with the clean-up.
The tenants hired a skip bin and cleared up the area themselves which largely included their stored belongings.
Having considered the evidence the Tribunal finds that although the flood in the basement on 27 January was unprecedented the landlord’s responsibility to maintain included a responsibility to assist with the clean up after the flooding. The tenant is seeking reimbursement of the cost of bin hire in the sum of $400.00 and the Tribunal orders payment of this amount.
The landlord advised that he has now closed off access to this area for future tenants. Filing fee
As the tenant has been substantially successful with their claim, I have reimbursed the filing fee. See section 102(4) Residential Tenancies Act 1986.

Tenancy Tribunal case 4521563 — Tenancy dispute at Unit/Flat 2, 28 Royal View Road, Te Atatu South, Auckland

At a glance

Tenancy Tribunal case 4521563 — Tenancy dispute at Unit/Flat 2, 28 Royal View Road, Te Atatu South, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions