What was the outcome of Tenancy Tribunal case 4692849?

The tribunal order states: Graeme and Annette De Cleene must pay Greg John Jackson and Raewyn Joan

How much money was awarded in case 4692849?

Compensation: Water Base Charges: $189.67 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4692849?

The dispute type was not classified.

Where can I read the official tribunal order for case 4692849?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10184059-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4692849?

The tribunal order states: Graeme and Annette De Cleene must pay Greg John Jackson and Raewyn Joan

How much money was awarded in case 4692849?

Compensation: Water Base Charges: $189.67 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4692849?

The dispute type was not classified.

Where can I read the official tribunal order for case 4692849?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10184059-Tribunal_Order.pdf.

31 Marshwood Place, Papamoa Beach, Papamoa 3118 Tenancy Tribunal Case 4692849 — Tenancy dispute

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31 Marshwood Place, Papamoa Beach, Papamoa 3118 Tenancy Tribunal Case 4692849 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4692849 — net $210.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Water base charges	$189.67	Water base charges
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$210.11
Total payable by Landlord to Tenant	$210.11

Claims and awards for application 4692849 — net $210.11 NZD. Verify on MoJ.

Compensation: Water base charges

Amount: $189.67
Awarded to: Tenant
Reason: Water base charges

Filing fee reimbursement

Amount: $20.44
Awarded to: Tenant
Reason: Filing fee reimbursement

Net award

Tenant $210.11

Total payable by Landlord to Tenant

Tenant $210.11

Dismissed claims

Property Damage — __________________________________________________________________________________ 46928493 Did the tenants overpay water rates?
Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Compensation Filing Fee Exemplary damages

Order

Graeme and Annette De Cleene must pay Greg John Jackson and Raewyn Joan Jackson $210.11 immediately as shown in table below.
All other claims are dismissed.

Reasons

Both parties attended the hearing.
The tenants seek $8,500.00 compensation and exemplary damages for the landlord’s alleged failure to maintain the premises, and overpaid water rates.
The civil standard of proof applies, on the balance of probabilities.

Did the landlord fail to maintain the premises?

Greg John Jackson and Raewyn Joan Jackson claim that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must [of relevance here] provide and maintain the premises in a reasonable state of repair.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.
Tenants must notify the landlord, as soon as possible after discovery, of any damage to the premises, or of the need for any repairs (s.40(1)(d) RTA).
The tenants say there was green mould on the guttering, it was black around the external vents, and the front door light and garage light never worked. The tenants also say the bathrooms were mouldy.
I find that the tenants have not provided sufficient evidence to prove that the landlord failed to maintain the premises. The photographs provided by the tenants were taken at the end of the tenancy and are not determinative. It is to be expected that a landlord will be required to carry out some external cleaning and maintenance at the end of a tenancy around vents and gutters, particularly if the tenancy has lasted for 6 years. There is no evidence that this was a problem during the tenancy or that the tenants raised any concerns or notified the landlord. The tenants have not provided any evidence of any mould in the bathrooms.
I accept the evidence of the landlord that two 2 external light fittings were removed some time before the start of this tenancy to make safe as they were not appropriate (internal instead of external). This was pointed out to the tenants and noted on the in-going tenancy agreement. The tenants did not raise this as an issue for them during the tenure of the tenancy. Accordingly, there has been no breach and the tenants have not suffered any loss as they were aware that the lights were not provided with the tenancy from the outset.
The landlord has provided detailed records of this tenancy. I accept their evidence that they carried out 20 inspections during this tenancy and visited an additional 17 occasions to complete minor maintenance tasks, repairs and upgrades. Each bathroom had a shower dome and fan to help eliminate any mould or mildew problems and I accept that any mould noted on the inspection reports was likely a cleaning issue rather than any inherent defect in the premises. The landlord also looked after the grounds of the premises which would usually be a tenant responsibility.
The claim for compensation and exemplary damages is dismissed.

Did the tenants overpay water rates?

The landlord does not dispute that the tenants were required to pay the base charge for the water supply, and they accept a mistake was made. As the tenants are only responsible for costs exclusively attributable to their use (see section 39(3) Residential Tenancies Act 1986 (RTA)), they must be reimbursed for the base charges they paid. I accept the evidence of the landlord that they supplied the tenants with an invoice every time the water became due and a copy of the council invoice as requested. The schedule provided by the landlord shows consistent charges over the period of the tenancy.
Accordingly I make an award to the tenants for $189.67 in accordance with the schedule of water charges provided by the landlord.
The tenants have not provided any evidence to prove that they overpaid any other water rates. Filing fee
As the tenants have been partly successful in their claims, the landlord must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4692849 — net $210.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Water base charges	$189.67	Water base charges
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$210.11
Total payable by Landlord to Tenant	$210.11

Claims and awards for application 4692849 — net $210.11 NZD. Verify on MoJ.

Compensation: Water base charges

Amount: $189.67
Awarded to: Tenant
Reason: Water base charges

Filing fee reimbursement

Amount: $20.44
Awarded to: Tenant
Reason: Filing fee reimbursement

Net award

Tenant $210.11

Total payable by Landlord to Tenant

Tenant $210.11

Dismissed claims

Property Damage — __________________________________________________________________________________ 46928493 Did the tenants overpay water rates?
Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Compensation Filing Fee Exemplary damages

Order

Graeme and Annette De Cleene must pay Greg John Jackson and Raewyn Joan Jackson $210.11 immediately as shown in table below.
All other claims are dismissed.

Reasons

Both parties attended the hearing.
The tenants seek $8,500.00 compensation and exemplary damages for the landlord’s alleged failure to maintain the premises, and overpaid water rates.
The civil standard of proof applies, on the balance of probabilities.

Did the landlord fail to maintain the premises?

Greg John Jackson and Raewyn Joan Jackson claim that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must [of relevance here] provide and maintain the premises in a reasonable state of repair.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.
Tenants must notify the landlord, as soon as possible after discovery, of any damage to the premises, or of the need for any repairs (s.40(1)(d) RTA).
The tenants say there was green mould on the guttering, it was black around the external vents, and the front door light and garage light never worked. The tenants also say the bathrooms were mouldy.
I find that the tenants have not provided sufficient evidence to prove that the landlord failed to maintain the premises. The photographs provided by the tenants were taken at the end of the tenancy and are not determinative. It is to be expected that a landlord will be required to carry out some external cleaning and maintenance at the end of a tenancy around vents and gutters, particularly if the tenancy has lasted for 6 years. There is no evidence that this was a problem during the tenancy or that the tenants raised any concerns or notified the landlord. The tenants have not provided any evidence of any mould in the bathrooms.
I accept the evidence of the landlord that two 2 external light fittings were removed some time before the start of this tenancy to make safe as they were not appropriate (internal instead of external). This was pointed out to the tenants and noted on the in-going tenancy agreement. The tenants did not raise this as an issue for them during the tenure of the tenancy. Accordingly, there has been no breach and the tenants have not suffered any loss as they were aware that the lights were not provided with the tenancy from the outset.
The landlord has provided detailed records of this tenancy. I accept their evidence that they carried out 20 inspections during this tenancy and visited an additional 17 occasions to complete minor maintenance tasks, repairs and upgrades. Each bathroom had a shower dome and fan to help eliminate any mould or mildew problems and I accept that any mould noted on the inspection reports was likely a cleaning issue rather than any inherent defect in the premises. The landlord also looked after the grounds of the premises which would usually be a tenant responsibility.
The claim for compensation and exemplary damages is dismissed.

Did the tenants overpay water rates?

The landlord does not dispute that the tenants were required to pay the base charge for the water supply, and they accept a mistake was made. As the tenants are only responsible for costs exclusively attributable to their use (see section 39(3) Residential Tenancies Act 1986 (RTA)), they must be reimbursed for the base charges they paid. I accept the evidence of the landlord that they supplied the tenants with an invoice every time the water became due and a copy of the council invoice as requested. The schedule provided by the landlord shows consistent charges over the period of the tenancy.
Accordingly I make an award to the tenants for $189.67 in accordance with the schedule of water charges provided by the landlord.
The tenants have not provided any evidence to prove that they overpaid any other water rates. Filing fee
As the tenants have been partly successful in their claims, the landlord must reimburse the filing fee.

Tenancy Tribunal case 4692849 — Tenancy dispute at 31 Marshwood Place, Papamoa Beach, Papamoa 3118

At a glance

Tenancy Tribunal case 4692849 — Tenancy dispute at 31 Marshwood Place, Papamoa Beach, Papamoa 3118

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the landlord fail to maintain the premises?

Did the tenants overpay water rates?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the landlord fail to maintain the premises?

Did the tenants overpay water rates?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions