What was the outcome of Tenancy Tribunal case 4661933?

The tribunal order states: Jane Matavesi to pay Shelter Realty Limited $2,547.73 from the bond,

How much money was awarded in case 4661933?

Cleaning: $130.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,414.29 awarded to landlord; Rubbish Removal: $23.00 awarded to landlord; Water Rates: $960.00 awarded to landlord

What type of tenancy dispute was case 4661933?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4661933?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10083828-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4661933?

The tribunal order states: Jane Matavesi to pay Shelter Realty Limited $2,547.73 from the bond,

How much money was awarded in case 4661933?

Cleaning: $130.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,414.29 awarded to landlord; Rubbish Removal: $23.00 awarded to landlord; Water Rates: $960.00 awarded to landlord

What type of tenancy dispute was case 4661933?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4661933?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10083828-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 86A West Harbour Drive, West Harbour, Tenancy Tribunal Case 4661933 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4661933 — net $2,547.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,414.29	Rent arrears
Water rates	$960.00	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cleaning	$130.00	Cleaning
Rubbish removal	$23.00	Rubbish removal
Net award	$2,547.73
Bond	$2,600.00
Total payable by Tenant to Landlord	$2,547.73

Both parties attended the hearing.

The landlord has applied for rent arrears, 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 rates?

The tenancy ended on 21 August 2023. The landlord provided rent records which show that rent arrears at the end of the tenancy was $1,414.29.

The amount was not disputed by the tenant and is proved.

The landlord is seeking $2,253.24 for outstanding water bills from the tenancy.

The tenant stated that the water bills were very high due to a leak at the property. She produced five photographs that show water tracking across her driveway at the front of the property. The water appears to start from the water metre box.

The tenant also stated that the leak was there from the beginning of the tenancy and she raised it several times in person with the manager at Harcourts, “Mike.” She stated that his response was that he would “look into it.” Near the end of the tenancy, the tenant stated that a “grader” came and dug up the water mains at the rear of the property to fix what he said was a leak. After that the water at the front of the house ceased tracking across the driveway.

The landlord stated that she has only recently taken over being the property manager for the property, but she can see no record of the tenant complaining about the leak. She did have a record of a request for a leak allowance from August 2023, which was declined.

In September 2023, the landlord says she personally took a reading of the water-metre and the box was flooded with water. She had to empty the water before she could read the numbers.

The five water bills from May 2022 until September 2022 were estimates. The average amount for these five bills is $58.11.

An actual reading was conducted in October 2022 which showed the actual usage was much higher resulting in a bill of $1,014.42 for October. The average bill from May 2022 until October 2022 for actual usage is therefore $217.49. This is what the estimated bills for the next twelve months was then based on.

Ms Matavesi lived at the property with her daughter. I accept her submission that the water bill is excessive for two people. She has produced photographs that seem to show a leak and she has stated that she advised the landlord of the leak.

Neither the landlord nor the tenant were able to point to any other factor that could account for such large water bills.

I find that it is more likely than not that there was a leak at the property and this caused significant wastage of water that the tenant should not be charged for. Even if the tenant hadn’t notified the landlord of the problem, the landlord could reasonably have been expected to notice the leak across the driveway and the unusually high water readings, and to investigate the problem promptly.

Accordingly I have reduced the water bill to $80.00 per month for the twelve months from October 2022 until September 2023, which is still significantly more than Watercare’s monthly estimate from May 2022 until September 2022.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The landlord produced photographs and an exit report that show the tenant did a very good job of leaving the premises reasonably clean and tidy at the end of the tenancy. The tenant is not required to leave the property perfect and most landlords undertake a deeper clean between tenancies.

However a small amount of belongings were left behind and these did need disposing of.

The tenant also did not satisfactorily clean the oven, the rangehood and the shower.

Claims for insecticide, and carpet cleaning were not satisfactorily supported by documentary information or the landlord’s evidence, and awards for these are not made.

Because Shelter Realty Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4661933 — net $2,547.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,414.29	Rent arrears
Water rates	$960.00	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cleaning	$130.00	Cleaning
Rubbish removal	$23.00	Rubbish removal
Net award	$2,547.73
Bond	$2,600.00
Total payable by Tenant to Landlord	$2,547.73

Order

Jane Matavesi to pay Shelter Realty Limited $2,547.73 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (3450770-006) immediately apportioned as follows: Shelter Realty Limited: $2,547.73 Jane Matavesi: $52.27

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, 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 rates?

The tenancy ended on 21 August 2023. The landlord provided rent records which show that rent arrears at the end of the tenancy was $1,414.29.
The amount was not disputed by the tenant and is proved.
The landlord is seeking $2,253.24 for outstanding water bills from the tenancy.
The tenant stated that the water bills were very high due to a leak at the property. She produced five photographs that show water tracking across her driveway at the front of the property. The water appears to start from the water metre box.
The tenant also stated that the leak was there from the beginning of the tenancy and she raised it several times in person with the manager at Harcourts, “Mike.” She stated that his response was that he would “look into it.” Near the end of the tenancy, the tenant stated that a “grader” came and dug up the water mains at the rear of the property to fix what he said was a leak. After that the water at the front of the house ceased tracking across the driveway.
The landlord stated that she has only recently taken over being the property manager for the property, but she can see no record of the tenant complaining about the leak. She did have a record of a request for a leak allowance from August 2023, which was declined.
In September 2023, the landlord says she personally took a reading of the water-metre and the box was flooded with water. She had to empty the water before she could read the numbers.
The five water bills from May 2022 until September 2022 were estimates. The average amount for these five bills is $58.11.
An actual reading was conducted in October 2022 which showed the actual usage was much higher resulting in a bill of $1,014.42 for October. The average bill from May 2022 until October 2022 for actual usage is therefore $217.49. This is what the estimated bills for the next twelve months was then based on.
Ms Matavesi lived at the property with her daughter. I accept her submission that the water bill is excessive for two people. She has produced photographs that seem to show a leak and she has stated that she advised the landlord of the leak.
Neither the landlord nor the tenant were able to point to any other factor that could account for such large water bills.
I find that it is more likely than not that there was a leak at the property and this caused significant wastage of water that the tenant should not be charged for. Even if the tenant hadn’t notified the landlord of the problem, the landlord could reasonably have been expected to notice the leak across the driveway and the unusually high water readings, and to investigate the problem promptly.
Accordingly I have reduced the water bill to $80.00 per month for the twelve months from October 2022 until September 2023, which is still significantly more than Watercare’s monthly estimate from May 2022 until September 2022.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord produced photographs and an exit report that show the tenant did a very good job of leaving the premises reasonably clean and tidy at the end of the tenancy. The tenant is not required to leave the property perfect and most landlords undertake a deeper clean between tenancies.
However a small amount of belongings were left behind and these did need disposing of.
The tenant also did not satisfactorily clean the oven, the rangehood and the shower.
Claims for insecticide, and carpet cleaning were not satisfactorily supported by documentary information or the landlord’s evidence, and awards for these are not made.
Because Shelter Realty Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4661933 — Rent arrears at Unit/Flat 1, 86A West Harbour Drive, West Harbour,

At a glance

Tenancy Tribunal case 4661933 — Rent arrears at Unit/Flat 1, 86A West Harbour Drive, West Harbour,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

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 rates?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions