How much money was awarded in case 4664972?

Filing Fee: $20.44 awarded to landlord; Water and wastewater charges: 01 Mar…: $735.40 awarded to landlord

What type of tenancy dispute was case 4664972?

The primary dispute was 14-day notice. Related themes: Exemplary damages, Harassment, Leaks.

Where can I read the official tribunal order for case 4664972?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9516534-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4664972?

Filing Fee: $20.44 awarded to landlord; Water and wastewater charges: 01 Mar…: $735.40 awarded to landlord

What type of tenancy dispute was case 4664972?

The primary dispute was 14-day notice. Related themes: Exemplary damages, Harassment, Leaks.

Where can I read the official tribunal order for case 4664972?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9516534-Tribunal_Order_Redacted.pdf.

Unit/Flat 205, 155 Beaumont Street, Auckland Central, Tenancy Tribunal Case 4664972 — 14-day notice

Q: What was Tenancy Tribunal case 4664972 about?

The tribunal order states: The Tribunal orders suppression of the Tenant’s name and identifying details.

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4664972. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water and wastewater charges: 01 March 2023 - 30 June 2023	$735.40		Water and wastewater charges: 01 March 2023 - 30 June 2023
Filing fee reimbursement	$20.44		Filing fee reimbursement

The Tribunal orders suppression of the Tenant’s name and identifying details.

The Tribunal orders that the tenant must allow the landlord to enter the property for an inspection or to carry out maintenance work and must do so within 28 days of this Order.

[The tenant/s] must pay Barfoot & Thompson Limited - Ponsonby As Agent For High St Trustee Co (2020) Ltd and High Street Trustee Company (2020) Limited Catherine Butcher $ 755.84 immediately, as set out in the table below:

Reasons

The tenancy commenced on 15 February 2023 and is for a fixed term. On 24 August 2023, the landlord filed a claim for termination of the tenancy for failing to remedy a 14-day breach notice requiring the tenant to allow a property inspection, water rates for the period 01 March 2023 to 30 June 2023, refund of the bond, and reimbursement of the filing fee.

On 18 September 2023, the claims were set down for an in - person hearing at this Courthouse.

On the eve of the hearing, the tenant requested an adjournment on medical grounds and provided documents in Chinese to support the request. Though I cannot read Chinese, I anticipate these documents relate to the grounds for the request. Earlier this morning, the tenant messaged the Registrar again seeking an adjournment on medical grounds. It is unclear whether they are the same or different grounds. An attempt has been made to call the tenant on the number provided in the application.

Ms Kan has appeared for the landlord. [The interpreter] has also attended, and remained on hand should the tenant appear by telephone.

The landlord opposes an adjournment and states that the tenant is seeking to delay proceedings. Ms Kan advises that the landlord no longer seeks termination of the tenancy but still seeks unpaid water and wastewater charges for the specified period, and an order that the tenant allow inspections to be carried out. Ms Kan states that the landlord also seeks to amend the application, seeking an order that the tenant cease harassing the landlord, and that the tenancy will not be extended past the expiry of the fixed term in February 2024. As the application no longer seeks termination, I am satisfied that it is appropriate to proceed with the hearing.

Dealing with the water and wastewater charges first, the landlord has produced a meter reading and invoice for the period 01 March 2023 to 30 June 2023. Ms Kan states that the tenant paid the previous account but not this one, which was provided to the tenant. Ms Kan also noted that the usage was unusually high, although the tenant suggested the possibility of a leak, an investigation was conducted, and no leak was detected. Additionally, during an absence from the property by the tenant in September to early October, the meter was monitored, showing no usage, further ruling out the possibility of a leak.

Section 39 (3) of the Residential Tenancies Act 1986 (The “Act’) provides that the tenant is responsible for all outgoings in respect of the premises exclusively attributable to the tenant’s occupation or use of the property.

After hearing from Ms Kan and considering the documents produced, I am satisfied that the tenant is liable for the water and wastewater charges as claimed. The amount awarded does not include the fixed charge for which the tenant is not liable.

Regarding the landlord’s request for orders that the tenant not harass the landlord, and that the tenancy shall not extend past the expiry of the fixed term. These are not matters within the scope of the application filed on 24 August 2023. There have been no formal amendments made prior to the hearing. While the Act prohibits the landlord from interfering with the tenant’s reasonable peace, comfort, and privacy, which may amount to harassment, there are no provisions for tenant harassment against a property manager or landlord. Section 50 of the Act sets out circumstances in which a tenancy may be terminated. If either party wishes to end the tenancy, they may either agree in writing, or apply to the Tribunal for termination due to a breach of the agreement or the Act.

Concerning the tenant’s failure to allow inspections, the landlord is seeking an order that the tenant allow property inspections. Pursuant to section 48(1)(b) and (2)(a) – (e) of the Act the tenant is legally obliged to allow inspections of the property with proper notice.

Section 48(2)(b) of the Act provides that a landlord may enter the premises for the purpose of inspecting the premises, at any time between 8 o’clock in the morning and 7 o’clock in the evening on a day specified in a notice given to the tenant not less than 48 hours nor more than 14 days before the intended entry, and not more frequently than once in any period of 4 weeks.

Section 48(2) (d) of the Act provides that a landlord may enter for the purpose of carrying out necessary repairs to or necessary maintenance of, the premises, at any time between 8 o’clock in the morning and 7 o’clock in the evening of any day, after giving to the tenant notice of the intended entry and the reason for it at least 24 hours before the intended entry.

Failing to allow the landlord entry without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 48 (4)(b) and Schedule 1A of the Act.

Although the landlord initially sought termination based on a breach of this provision, they withdrew the claim and did not seek exemplary damages.

Under section 48(2)(e) of the Act the Tribunal may make an order that the tenant allow an inspection. After hearing from Ms Kan and considering the material before me I am satisfied that it is appropriate to make an order.

The Tribunal orders that the tenant allow the landlord to enter the property for an inspection or to carry out maintenance work within 28 days of this Order.

The landlord must first serve notice under section 48(2)(b) or (d). The tenant, having been served notice, must then allow an inspection or maintenance of the property to take place. The entry for inspection or to carry out maintenance must take place within 28 days of this Order. If the tenant fails, without reasonable excuse, to allow the inspection or maintenance to be carried out, the landlord has advised that they will likely bring an application for exemplary damages. Costs

Because Barfoot & Thompson Limited - Ponsonby As Agent For High St Trustee Co (2020) Ltd, High Street Trustee Company (2020) Limited Catherine Butcher has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression

Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.

Section 95A (4) of the Act allows the Tribunal, on its own initiative, having regard to the interest of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.

The tenant has avoided termination. The landlord has succeeded with most of their claim. In this case I consider both parties have substantially succeeded and are entitled to name suppression. However, the landlord does not seek suppression. Although the tenant has not appeared or made an application for suppression, I consider it appropriate to exercise the discretion in section 95A (4), and I order suppression of the tenant’s name.

Order

Claims and awards in Tenancy Tribunal application 4664972. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water and wastewater charges: 01 March 2023 - 30 June 2023	$735.40		Water and wastewater charges: 01 March 2023 - 30 June 2023
Filing fee reimbursement	$20.44		Filing fee reimbursement

The Tribunal orders suppression of the Tenant’s name and identifying details.

The Tribunal orders that the tenant must allow the landlord to enter the property for an inspection or to carry out maintenance work and must do so within 28 days of this Order.

Reasons

On 18 September 2023, the claims were set down for an in - person hearing at this Courthouse.

Ms Kan has appeared for the landlord. [The interpreter] has also attended, and remained on hand should the tenant appear by telephone.

Although the landlord initially sought termination based on a breach of this provision, they withdrew the claim and did not seek exemplary damages.

The Tribunal orders that the tenant allow the landlord to enter the property for an inspection or to carry out maintenance work within 28 days of this Order.

Tenancy Tribunal case 4664972 — 14-day notice at Unit/Flat 205, 155 Beaumont Street, Auckland Central,

At a glance

Tenancy Tribunal case 4664972 — 14-day notice at Unit/Flat 205, 155 Beaumont Street, Auckland Central,

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions