How much money was awarded in case 4647292?

Filing Fee: $20.44 awarded to landlord; Water Rates: $1,795.67 awarded to landlord

What type of tenancy dispute was case 4647292?

The dispute type was not classified.

Where can I read the official tribunal order for case 4647292?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9478526-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4647292?

Filing Fee: $20.44 awarded to landlord; Water Rates: $1,795.67 awarded to landlord

What type of tenancy dispute was case 4647292?

The dispute type was not classified.

Where can I read the official tribunal order for case 4647292?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9478526-Tribunal_Order_Redacted.pdf.

32 Benchmark Drive, Massey, Auckland 0614 Tenancy Tribunal Case 4647292 — Tenancy dispute

Q: What was Tenancy Tribunal case 4647292 about?

The tribunal order states: The Tribunal orders suppression of the landlords name and identifying details.

Order

Claims and awards in Tenancy Tribunal application 4647292 — net $1,816.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$1,795.67	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,816.11
Bond	$1,816.11
Total payable by Tenant to Landlord	$1,816.11

The Tribunal orders suppression of the landlords name and identifying details.

[The landlord/s] is granted possession of the premises at 32 Benchmark Drive, Massey, Auckland 0614 immediately.

Anabelle Bierge to pay [The landlord/s] $1,816.11 from the bond, calculated as shown in table below:

The Bond Centre is to release $1,816.11 from the bond to the landlord. The balance of the bond is to remain in the Bond Centre.

Reasons

The Tribunal must consider an application filed by the landlord, and the relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”). DescriptionLandlord Water rates$1,795.67 Filing fee reimbursement$20.44 Total award$1,816.11 Bond$1,816.11

Only the landlord appeared at the hearing. I am satisfied that the tenant has been property notified of the hearing, and therefore I will proceed to consider the claim in her absence.

The landlord seeks orders returning possession of the premises to the landlord, an order for water rates, and an order for compensation for damage.

The landlord had requested to be represented at the hearing, which was approved. The representative did not speak English, so the Tribunal was assisted by an interpreter.

WATER RATES

Tenants are liable to pay the landlord all outgoings which are exclusively attributable to their occupation of the premises. Tenants are liable for volumetric water and wastewater charges, but not the supply charges.

I have calculated the amount of the volumetric charges based on the invoices supplied by the landlord, which the representative says was unpaid. Those total $1,795.67, and that some is ordered in full, to be paid from the Bond.

The landlord had also claimed penalties and interest, but there is no ability in law for me to order those amounts.

COMPENSATION

The landlord also seeks compensation for damage. A quotation has been provided $4,726.50, but otherwise there is no further evidence on the file of what the damage claim relates to.

However, at I decline to make any order for compensation at this time, because a claim would be premature. The tenant is still in the premises, and the work has not yet been done. If the landlord undertakes the work, and incurs a cost, the landlord may then apply to the Tribunal for orders in relation to that amount. But at this time the cost for the work has not been incurred, so there is no loss to order.

POSSESSION ORDER

The landlord seeks a return of the tenancy following a notice terminating the tenancy, requiring that possession return to the landlord on 15 May 2023.

The tenant has not complied with that notice.

On the termination of the tenancy, the tenant was required to return possession of the premises to the landlord. A possession order is granted.

As I noted to the representative at the hearing, if the tenant does not leave the premise, then the landlord can apply for an eviction of the tenant which is done via the court bailiffs. Information on that process can be found online at: https://www.justice.govt.nz/fines/about-civil-debt/collect-civil-debt/apply- for-an-eviction-warrant/

FILING FEE

The applicant has been mostly successful in their claim before the Tribunal. I find it is reasonable therefore to award the filing fee paid to commence the proceeding in the Tribunal, which is $20.44.

Claims and awards in Tenancy Tribunal application 4647292 — net $1,816.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$1,795.67	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,816.11
Bond	$1,816.11
Total payable by Tenant to Landlord	$1,816.11

Order

The Tribunal orders suppression of the landlords name and identifying details.
[The landlord/s] is granted possession of the premises at 32 Benchmark Drive, Massey, Auckland 0614 immediately.
Anabelle Bierge to pay [The landlord/s] $1,816.11 from the bond, calculated as shown in table below:
The Bond Centre is to release $1,816.11 from the bond to the landlord. The balance of the bond is to remain in the Bond Centre.

Reasons

The Tribunal must consider an application filed by the landlord, and the relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”). DescriptionLandlord Water rates$1,795.67 Filing fee reimbursement$20.44 Total award$1,816.11 Bond$1,816.11
Only the landlord appeared at the hearing. I am satisfied that the tenant has been property notified of the hearing, and therefore I will proceed to consider the claim in her absence.
The landlord seeks orders returning possession of the premises to the landlord, an order for water rates, and an order for compensation for damage.
The landlord had requested to be represented at the hearing, which was approved. The representative did not speak English, so the Tribunal was assisted by an interpreter.

WATER RATES

Tenants are liable to pay the landlord all outgoings which are exclusively attributable to their occupation of the premises. Tenants are liable for volumetric water and wastewater charges, but not the supply charges.
I have calculated the amount of the volumetric charges based on the invoices supplied by the landlord, which the representative says was unpaid. Those total $1,795.67, and that some is ordered in full, to be paid from the Bond.
The landlord had also claimed penalties and interest, but there is no ability in law for me to order those amounts.

COMPENSATION

The landlord also seeks compensation for damage. A quotation has been provided $4,726.50, but otherwise there is no further evidence on the file of what the damage claim relates to.
However, at I decline to make any order for compensation at this time, because a claim would be premature. The tenant is still in the premises, and the work has not yet been done. If the landlord undertakes the work, and incurs a cost, the landlord may then apply to the Tribunal for orders in relation to that amount. But at this time the cost for the work has not been incurred, so there is no loss to order.

POSSESSION ORDER

The landlord seeks a return of the tenancy following a notice terminating the tenancy, requiring that possession return to the landlord on 15 May 2023.
The tenant has not complied with that notice.
On the termination of the tenancy, the tenant was required to return possession of the premises to the landlord. A possession order is granted.
As I noted to the representative at the hearing, if the tenant does not leave the premise, then the landlord can apply for an eviction of the tenant which is done via the court bailiffs. Information on that process can be found online at: https://www.justice.govt.nz/fines/about-civil-debt/collect-civil-debt/apply- for-an-eviction-warrant/

FILING FEE

The applicant has been mostly successful in their claim before the Tribunal. I find it is reasonable therefore to award the filing fee paid to commence the proceeding in the Tribunal, which is $20.44.

Tenancy Tribunal case 4647292 — Tenancy dispute at 32 Benchmark Drive, Massey, Auckland 0614

At a glance

Award balance

Tenancy Tribunal case 4647292 — Tenancy dispute at 32 Benchmark Drive, Massey, Auckland 0614

At a glance

Award balance

Claims & awards

Order

Reasons

WATER RATES

COMPENSATION

POSSESSION ORDER

FILING FEE

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

WATER RATES

COMPENSATION

POSSESSION ORDER

FILING FEE

Topics & place

Residential Tenancies Act sections

Frequently asked questions