What was Tenancy Tribunal case 4559090 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4559090?

Filing Fee: $20.44 awarded to landlord; Water Rates: $209.09 awarded to landlord

What type of tenancy dispute was case 4559090?

The dispute type was not classified.

Where can I read the official tribunal order for case 4559090?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9153715-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4559090 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4559090?

Filing Fee: $20.44 awarded to landlord; Water Rates: $209.09 awarded to landlord

What type of tenancy dispute was case 4559090?

The dispute type was not classified.

Where can I read the official tribunal order for case 4559090?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9153715-Tribunal_Order_Redacted.pdf.

Unit/Flat 1, 25 Holland Street, Pukekohe, Auckland 2120 Tenancy Tribunal Case 4559090 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 4559090 — net $229.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$209.09	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$229.53
Total payable by Tenant to Landlord	$229.53

Both parties attended the hearing which was held by telephone.

The landlord originally sought termination on the basis the tenant had not paid water rates pursuant to a 14 day notice given on the 9 April 2023.

The landlord confirmed that they were not actively seeking termination today. The landlord’s claims were: a. Is the tenant exceeding the maximum amount of people at the property? b. Is the tenant liable for the plumber’s fee of $161 to perform a leak test? c. What are the water rates that are owed by the tenant?

Is the tenant exceeding the maximum amount of people at the property?

The tenancy agreement provides that the tenant can live at the property with her 3 young children. The tenant is pregnant with another baby due this month. The landlord has no issue with the tenant’s children living at the 3-bedroom house but has received reports from tradespeople that other adults are living at the property. The plumber who conducted the leak test said that there were 7 people living at the property and the property manager and owner have noticed on two separate occasions that when they have gone to the property for inspections or maintenance issues that a couple sit in a car outside and go into the property once they have left.

The landlord also says that the water rates at the property indicate more people live at the property from time to time.

The tenant tells me that she is the only adult who lives at the property. Her brother who lives at [location suppressed] visits her often and helps with the children. She said that she expects that was who was in the car when the landlord came.

There is not enough evidence to support the landlord’s claim that the tenant is exceeding the maximum of people at the house because it is just the word of both of them. The water rates are difficult to put any weight on, as over covid in this area, Watercare did not conduct regular reading of the water meters, and this led to over estimations or underestimations and big changes between read and estimated invoices.

I have told the tenant that landlords are entitled to put a limit on the number of people living at the property and that it the tenant breaches this, then the landlord can give notice to remedy. If that is not remedied within 14 days then the landlord can seek termination. Is the tenant liable for the plumber’s fee of $161 to perform a leak test?

The landlord was concerned at an unusually high water bill, they tried to contact the tenant to do a leak test but could not get hold of her. They then sent a plumber out to see if there was a leak.

As there was no leak the landlord submitted the tenant should pay for this amount.

The leak tested was conducted to ensure that there were no leaks at the property. (That is no defects at the property which the landlord would have had to fix). This is a landlord’s cost not the tenant’s cost.

What are the water rates that are owed by the tenant?

The tenant accepts that she is behind on water rates. The landlord told me that the tenant owed $370.09 in water rates however when he provided the water rates statement it showed that the landlord had added the leak test amount of $161.00 to the ledger. As this amount is not payable by the tenant then the water rates owing is $370.09 - $161.00 = $ 209.09.

I record that I would not have terminated the tenancy for overdue water rates, even if the landlord had continued to ask for it today. The tenant made numerous payments between 2 May to 9 May so that as at the 9 May the amount owing for water was $71.31. I do not consider it equitable to terminate a tenancy for a water bill of this size, especially when there was uncertainty about its accuracy.

Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee and grant them name suppression.

I have also suppressed the tenant’s name because I have discussed private medical details in this order.

Claims and awards in Tenancy Tribunal application 4559090 — net $229.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$209.09	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$229.53
Total payable by Tenant to Landlord	$229.53

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of both parties’ name and identifying details.
[The tenant/s] must pay [The landlord/s] $229.53 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing which was held by telephone.
The landlord originally sought termination on the basis the tenant had not paid water rates pursuant to a 14 day notice given on the 9 April 2023.
The landlord confirmed that they were not actively seeking termination today. The landlord’s claims were: a. Is the tenant exceeding the maximum amount of people at the property? b. Is the tenant liable for the plumber’s fee of $161 to perform a leak test? c. What are the water rates that are owed by the tenant?

Is the tenant exceeding the maximum amount of people at the property?

The tenancy agreement provides that the tenant can live at the property with her 3 young children. The tenant is pregnant with another baby due this month. The landlord has no issue with the tenant’s children living at the 3-bedroom house but has received reports from tradespeople that other adults are living at the property. The plumber who conducted the leak test said that there were 7 people living at the property and the property manager and owner have noticed on two separate occasions that when they have gone to the property for inspections or maintenance issues that a couple sit in a car outside and go into the property once they have left.
The landlord also says that the water rates at the property indicate more people live at the property from time to time.
The tenant tells me that she is the only adult who lives at the property. Her brother who lives at [location suppressed] visits her often and helps with the children. She said that she expects that was who was in the car when the landlord came.
There is not enough evidence to support the landlord’s claim that the tenant is exceeding the maximum of people at the house because it is just the word of both of them. The water rates are difficult to put any weight on, as over covid in this area, Watercare did not conduct regular reading of the water meters, and this led to over estimations or underestimations and big changes between read and estimated invoices.
I have told the tenant that landlords are entitled to put a limit on the number of people living at the property and that it the tenant breaches this, then the landlord can give notice to remedy. If that is not remedied within 14 days then the landlord can seek termination. Is the tenant liable for the plumber’s fee of $161 to perform a leak test?
The landlord was concerned at an unusually high water bill, they tried to contact the tenant to do a leak test but could not get hold of her. They then sent a plumber out to see if there was a leak.
As there was no leak the landlord submitted the tenant should pay for this amount.
The leak tested was conducted to ensure that there were no leaks at the property. (That is no defects at the property which the landlord would have had to fix). This is a landlord’s cost not the tenant’s cost.

What are the water rates that are owed by the tenant?

The tenant accepts that she is behind on water rates. The landlord told me that the tenant owed $370.09 in water rates however when he provided the water rates statement it showed that the landlord had added the leak test amount of $161.00 to the ledger. As this amount is not payable by the tenant then the water rates owing is $370.09 - $161.00 = $ 209.09.
I record that I would not have terminated the tenancy for overdue water rates, even if the landlord had continued to ask for it today. The tenant made numerous payments between 2 May to 9 May so that as at the 9 May the amount owing for water was $71.31. I do not consider it equitable to terminate a tenancy for a water bill of this size, especially when there was uncertainty about its accuracy.
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee and grant them name suppression.
I have also suppressed the tenant’s name because I have discussed private medical details in this order.

Tenancy Tribunal case 4559090 — Tenancy dispute at Unit/Flat 1, 25 Holland Street, Pukekohe, Auckland 2120

At a glance

Tenancy Tribunal case 4559090 — Tenancy dispute at Unit/Flat 1, 25 Holland Street, Pukekohe, Auckland 2120

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant exceeding the maximum amount of people at the property?

What are the water rates that are owed by the tenant?

Topics & place

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is the tenant exceeding the maximum amount of people at the property?

What are the water rates that are owed by the tenant?

Topics & place

Key findings

Frequently asked questions