What was Tenancy Tribunal case 4548429 about?

The tribunal order states: Of its own motion, the Tribunal orders suppression of the Tenant’s name and

How much money was awarded in case 4548429?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,960.00 awarded to landlord

What type of tenancy dispute was case 4548429?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4548429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9289666-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4548429 about?

The tribunal order states: Of its own motion, the Tribunal orders suppression of the Tenant’s name and

How much money was awarded in case 4548429?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,960.00 awarded to landlord

What type of tenancy dispute was case 4548429?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4548429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9289666-Tribunal_Order_Redacted.pdf.

11 Frostbite Place, Ranui, Auckland 0612 Tenancy Tribunal Case 4548429 — Rent arrears

Order

This order amends my previous order dated 14 June 2023

Claims and awards in Tenancy Tribunal application 4548429 — net $1,460.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 June 2023	$3,960.00	Rent arrears to 6 June 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,460.44
Total payable by Tenant to Landlord	$1,460.44

Of its own motion, the Tribunal orders suppression of the Tenant’s name and identifying details.

The Bond Centre must pay Gralin Property Management (Auckland Central) Limited as agent for Li Lin & Zhongda Zhan (L&J Family Trust) the bond of $2,520.00 ([Bond number suppressed]) immediately.

[The tenant/s] must pay Gralin Property Management (Auckland Central) Limited as agent for Li Lin & Zhongda Zhan (L&J Family Trust) $1,460.44 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing, which was conducted via teleconference. DescriptionLandlordTenant Rent arrears to 6 June 2023$3,960.00 Filing fee reimbursement$20.44 Total award$3,980.44 Less bond refund-$2,520.00 Total payable by Tenant to Landlord$1,460.44

The landlord has applied for rent arrears, compensation for outstanding water and reimbursement of the filing fee. Rent Arrears

The tenant accepts that money is owing for rent. Having reviewed the rent summary it is clear that the tenant paid the full amount of rent consistently up to mid-March 2023 when suddenly her weekly payments dropped to $450.00.

It is clear the tenant has been going through some challenging times. She said that Oranga Tamariki removed her children around that time, and since then WINZ has reduced the amount that they pay for her rent because her children are no longer living with her.

This seems quite harsh particularly given that she is on a fixed term tenancy and therefore was unable to simply end the tenancy when her children were removed. Irrespective of where her children are located, she remains liable for the full rent until the end of the fixed term.

I encourage the tenant to contact the Community Law Centre who may be able to assist her both in respect of issues relating to her children, and with her WINZ entitlements.

In any event, having viewed the updated rent summary provided I accept that the landlord has proved that $3,960.00 is owing in arrears up to 6 June 2023. The amount ordered is proved. Outstanding Water

The landlord also claimed for outstanding water bills. Ahead of the hearing the only documents filed in support of this claim were overdue notices from Watercare addressed to the landlord.

There was nothing to prove the actual amount owing by the tenant.

The landlord said that he could produce relevant invoices and proof of what specifically the tenant was owing.

What was sent were 12 Watercare invoices. However, there was no record of what had been charged to the tenant for each of these invoices. In fact, having looked at just one of the invoices, dated February 2023, the amount showing on that full invoice was $250.35. That seems to correspond with the overdue notice dated 27 March 2023 which claims $250.35 as the outstanding balance.

Section 39 of the Residential Tenancies Act 1986 (“the Act”) makes it clear that tenants are only liable for outgoings that are exclusively attributable to their occupation of the premises or use of the facilities. That means that landlords are responsible for the fixed components of Watercare invoices. In this case, that would be the items on the invoice labelled “Wastewater fixed” and “Paper Bill Charge”.

Because I am not sure what the tenant has been charged for, I decline to make any order in respect of water.

If the landlord believes the tenant owes money for water, he must provide her with a copy of each invoice during the tenancy, along with a clear record showing which parts of each invoice are her liability and then deducting any payments made by her. Suppression and Filing Fee

Section 95A(4) of the Act provides that the Tribunal may on its own initiative, having regard to the interests of the parties and to the public interest, order that the name of any identifying particulars of any witness or party not be published.

I consider that in this case, given the situation around the tenant’s children, there is an interest in protecting their privacy and there is no legitimate public interest that would require publication of the tenant’s name. I therefore order suppression of her name and identifying details.

Because Gralin Property Management (Auckland Central) Limited as agent for Li Lin & Zhongda Zhan (L&J Family Trust) have substantially succeeded with the claim I have reimbursed the filing fee. Note: This order has been amended on 14 August 2023 to correct the bond amount which was $2,520.00 rather than $2,420.00. J R Smith 14 August 2023

Claims and awards in Tenancy Tribunal application 4548429 — net $1,460.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 June 2023	$3,960.00	Rent arrears to 6 June 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,460.44
Total payable by Tenant to Landlord	$1,460.44

Order

This order amends my previous order dated 14 June 2023

Of its own motion, the Tribunal orders suppression of the Tenant’s name and identifying details.
The Bond Centre must pay Gralin Property Management (Auckland Central) Limited as agent for Li Lin & Zhongda Zhan (L&J Family Trust) the bond of $2,520.00 ([Bond number suppressed]) immediately.
[The tenant/s] must pay Gralin Property Management (Auckland Central) Limited as agent for Li Lin & Zhongda Zhan (L&J Family Trust) $1,460.44 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing, which was conducted via teleconference. DescriptionLandlordTenant Rent arrears to 6 June 2023$3,960.00 Filing fee reimbursement$20.44 Total award$3,980.44 Less bond refund-$2,520.00 Total payable by Tenant to Landlord$1,460.44
The landlord has applied for rent arrears, compensation for outstanding water and reimbursement of the filing fee. Rent Arrears
The tenant accepts that money is owing for rent. Having reviewed the rent summary it is clear that the tenant paid the full amount of rent consistently up to mid-March 2023 when suddenly her weekly payments dropped to $450.00.
It is clear the tenant has been going through some challenging times. She said that Oranga Tamariki removed her children around that time, and since then WINZ has reduced the amount that they pay for her rent because her children are no longer living with her.
This seems quite harsh particularly given that she is on a fixed term tenancy and therefore was unable to simply end the tenancy when her children were removed. Irrespective of where her children are located, she remains liable for the full rent until the end of the fixed term.
I encourage the tenant to contact the Community Law Centre who may be able to assist her both in respect of issues relating to her children, and with her WINZ entitlements.
In any event, having viewed the updated rent summary provided I accept that the landlord has proved that $3,960.00 is owing in arrears up to 6 June 2023. The amount ordered is proved. Outstanding Water
The landlord also claimed for outstanding water bills. Ahead of the hearing the only documents filed in support of this claim were overdue notices from Watercare addressed to the landlord.
There was nothing to prove the actual amount owing by the tenant.
The landlord said that he could produce relevant invoices and proof of what specifically the tenant was owing.
What was sent were 12 Watercare invoices. However, there was no record of what had been charged to the tenant for each of these invoices. In fact, having looked at just one of the invoices, dated February 2023, the amount showing on that full invoice was $250.35. That seems to correspond with the overdue notice dated 27 March 2023 which claims $250.35 as the outstanding balance.
Section 39 of the Residential Tenancies Act 1986 (“the Act”) makes it clear that tenants are only liable for outgoings that are exclusively attributable to their occupation of the premises or use of the facilities. That means that landlords are responsible for the fixed components of Watercare invoices. In this case, that would be the items on the invoice labelled “Wastewater fixed” and “Paper Bill Charge”.
Because I am not sure what the tenant has been charged for, I decline to make any order in respect of water.
If the landlord believes the tenant owes money for water, he must provide her with a copy of each invoice during the tenancy, along with a clear record showing which parts of each invoice are her liability and then deducting any payments made by her. Suppression and Filing Fee
Section 95A(4) of the Act provides that the Tribunal may on its own initiative, having regard to the interests of the parties and to the public interest, order that the name of any identifying particulars of any witness or party not be published.
I consider that in this case, given the situation around the tenant’s children, there is an interest in protecting their privacy and there is no legitimate public interest that would require publication of the tenant’s name. I therefore order suppression of her name and identifying details.
Because Gralin Property Management (Auckland Central) Limited as agent for Li Lin & Zhongda Zhan (L&J Family Trust) have substantially succeeded with the claim I have reimbursed the filing fee. Note: This order has been amended on 14 August 2023 to correct the bond amount which was $2,520.00 rather than $2,420.00. J R Smith 14 August 2023

Tenancy Tribunal case 4548429 — Rent arrears at 11 Frostbite Place, Ranui, Auckland 0612

At a glance

Tenancy Tribunal case 4548429 — Rent arrears at 11 Frostbite Place, Ranui, Auckland 0612

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