What was the outcome of Tenancy Tribunal case 4627175?

The tribunal order states: The Bond Centre is to pay the remaining $1,277.72 from the bond of $1,800.00

How much money was awarded in case 4627175?

Filing Fee: $20.44 awarded to landlord; Property Damage: $1,104.00 awarded to landlord; Rent Arrears: $10.00 awarded to landlord; Water Rates: $143.28 awarded to landlord

What type of tenancy dispute was case 4627175?

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

Where can I read the official tribunal order for case 4627175?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9729935-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4627175?

The tribunal order states: The Bond Centre is to pay the remaining $1,277.72 from the bond of $1,800.00

How much money was awarded in case 4627175?

Filing Fee: $20.44 awarded to landlord; Property Damage: $1,104.00 awarded to landlord; Rent Arrears: $10.00 awarded to landlord; Water Rates: $143.28 awarded to landlord

What type of tenancy dispute was case 4627175?

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

Where can I read the official tribunal order for case 4627175?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9729935-Tribunal_Order.pdf.

7 Idesia Grove, Richmond, Richmond 7020 Tenancy Tribunal Case 4627175 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4627175 — net $1,277.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$10.00	Rent arrears
Repairs	$1,104.00	Repairs
Water rates	$143.28	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,277.72
Total payable by Tenant to Landlord	$1,277.72

Only the landlord attended today’s adjourned hearing conducted remotely. Both parties attended the initial in-person hearing on 28 September 2023.

I summarised by previous findings at the 28 September hearing as following:

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

How much is owed for rent and water?

The tenant accepts that rent is in arrears of $10.00.

The tenant disputes the landlord’s claim for water rates outstanding of $143.28. The tenant claims that it is entitled to a refund of over $1,500.00 back from the landlord on account of water leaks that occurred during the tenancy for about 2 years.

The tenant however has not properly articulated its claim for refund of water rates paid during the tenancy. The landlord is also required to set out the full amounts of credits already applied to the tenant, including a Christmas 2022 payout by the landlord towards the water charges.

The tenant must file a proper counterclaim in respect of water rates to be refunded having regard to the credits already given.

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 RTA.

The walls in one bedroom needed to be repainted by the landlord after the tenant failed to finish painting it.

The amounts claimed for repainting of $1,104.00 are proved.

I decline the landlord’s claim for electrician’s callout. There is insufficient evidence before me that the tenant has misused or incorrectly screwed the light bulbs which necessitated the landlord to incur the electrician’s costs. There is also no evidence of the damaged hole in the wall.

Ultimately only these amounts are in dispute/may be proved in favour of the landlord: Description LandlordTenant Rent arrears$10.00 Repairs$1,104.00 Water rates$143.28 Filing fee reimbursement$20.44 Total award$1,277.72 Bond$1,277.72$522.28

The prospective counterclaim by the tenant is greater than the amounts in dispute.

Consequently, I direct $1,277.72 to be retained with the bond centre pending filing of the tenant’s counterclaim. The undisputed portions of the bond should be returned to the tenant forthwith.

The landlord confirmed today that water credits of $585.64 (in total) had been applied on 11 February 2022 and 1 March 2022 respectively. The credits included a direct payment of $292.82 made by the owner to the property manager’s account on 11 February 2022.

No counterclaim has been filed by the tenant since the initial hearing before me, to date. The tenant has communicated to both the landlord (by email) and the Tribunal registry (by phone) yesterday that she will not be contesting the issue of further water rebates.

That being the case, I consider it appropriate to now release the remaining bond of $1,277.72 to the landlord for the rent arrears, water rates outstanding, repairs and filing fee proved at the initial hearing on 28 September.

Claims and awards in Tenancy Tribunal application 4627175 — net $1,277.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$10.00	Rent arrears
Repairs	$1,104.00	Repairs
Water rates	$143.28	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,277.72
Total payable by Tenant to Landlord	$1,277.72

Order

The Bond Centre is to pay the remaining $1,277.72 from the bond of $1,800.00 (5159076-005) to the landlord immediately towards these amounts:

Reasons

Only the landlord attended today’s adjourned hearing conducted remotely. Both parties attended the initial in-person hearing on 28 September 2023.
I summarised by previous findings at the 28 September hearing as following:
The landlord has applied for rent arrears, water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenant accepts that rent is in arrears of $10.00.
The tenant disputes the landlord’s claim for water rates outstanding of $143.28. The tenant claims that it is entitled to a refund of over $1,500.00 back from the landlord on account of water leaks that occurred during the tenancy for about 2 years.
The tenant however has not properly articulated its claim for refund of water rates paid during the tenancy. The landlord is also required to set out the full amounts of credits already applied to the tenant, including a Christmas 2022 payout by the landlord towards the water charges.
The tenant must file a proper counterclaim in respect of water rates to be refunded having regard to the credits already given.

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 RTA.
The walls in one bedroom needed to be repainted by the landlord after the tenant failed to finish painting it.
The amounts claimed for repainting of $1,104.00 are proved.
I decline the landlord’s claim for electrician’s callout. There is insufficient evidence before me that the tenant has misused or incorrectly screwed the light bulbs which necessitated the landlord to incur the electrician’s costs. There is also no evidence of the damaged hole in the wall.
Ultimately only these amounts are in dispute/may be proved in favour of the landlord: Description LandlordTenant Rent arrears$10.00 Repairs$1,104.00 Water rates$143.28 Filing fee reimbursement$20.44 Total award$1,277.72 Bond$1,277.72$522.28
The prospective counterclaim by the tenant is greater than the amounts in dispute.
Consequently, I direct $1,277.72 to be retained with the bond centre pending filing of the tenant’s counterclaim. The undisputed portions of the bond should be returned to the tenant forthwith.
The landlord confirmed today that water credits of $585.64 (in total) had been applied on 11 February 2022 and 1 March 2022 respectively. The credits included a direct payment of $292.82 made by the owner to the property manager’s account on 11 February 2022.
No counterclaim has been filed by the tenant since the initial hearing before me, to date. The tenant has communicated to both the landlord (by email) and the Tribunal registry (by phone) yesterday that she will not be contesting the issue of further water rebates.
That being the case, I consider it appropriate to now release the remaining bond of $1,277.72 to the landlord for the rent arrears, water rates outstanding, repairs and filing fee proved at the initial hearing on 28 September.

Tenancy Tribunal case 4627175 — Property damage at 7 Idesia Grove, Richmond, Richmond 7020

At a glance

Tenancy Tribunal case 4627175 — Property damage at 7 Idesia Grove, Richmond, Richmond 7020

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions