What was the outcome of Tenancy Tribunal case 4740190?

The tribunal order states: Tina Knight must pay The Property Managers Limited $20.44 immediately,

How much money was awarded in case 4740190?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $470.00 awarded to landlord; Water Rates: $335.31 awarded to landlord

What type of tenancy dispute was case 4740190?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4740190?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10779058-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4740190?

The tribunal order states: Tina Knight must pay The Property Managers Limited $20.44 immediately,

How much money was awarded in case 4740190?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $470.00 awarded to landlord; Water Rates: $335.31 awarded to landlord

What type of tenancy dispute was case 4740190?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4740190?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10779058-Tribunal_Order.pdf.

33 Kingsway Avenue, Sandringham, Auckland 1025 Tenancy Tribunal Case 4740190 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4740190 — net $20.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as of 16 September 2023	$470.00	Rent arrears as of 16 September 2023
Water rates	$335.31	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20.44
Total payable by Tenant to Landlord	$20.44

Tina Knight must pay The Property Managers Limited $20.44 immediately, calculated as shown in the table below:

The Bond Centre is to pay the bond of $805.31 (5162723-007) to The Property Managers Limited as agent for Saleem Bhikoo, immediately.

The tenant’s application against the landlord is dismissed.

Reasons

The Tribunal must consider applications filed by both the landlord and tenant.

Only the landlord appeared at the hearing. I am satisfied that the tenant has been properly notified of the hearing, and therefore I will proceed to consider the claim in her absence. DescriptionLandlord Rent arrears as of 16 September 2023$470.00 Water rates$335.31 Filing fee reimbursement$20.44 Total award$825.75 Minus bond-$805.31 Total payable by Tenant to Landlord$20.44

BACKGROUND

The tenancy terminated on 16 September 2024, and possession was returned to the landlord that day.

Both parties have filed applications with the Tribunal following the tenancy termination. Those are the subject of this decision.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).

With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.

That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.

This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

LANDLORDS CLAIMS

The landlord seeks orders for the payment of rent arrears and water. This is sought from the bond. Rent arrears

The landlord has applied for an order that the tenant pay rent arrears being rent between the last date rent was paid, until 16 September 2023 being the date possession of the tenancy was returned to the landlord, the arrears being $470.00.

The landlord has provided the Tribunal with a rent ledger. I have no reason to consider that record to be incorrect.

The landlord has established that the tenant is in arrears of the amount claimed, and that is ordered in full. Water rates

At the end of the tenancy, a water account was received which the tenant considered was too high for her water use. The landlord states that they went to the premises and could not find any leak, noting at the time that the water meter was not showing any movement – meaning no water was passing the unit, discounting a leak. The landlord states that it subsequently transpired that the previous accounts were based on too low estimated readings from Watercare, so when the reading was undertaken in September, it was high, therefore accounting for a large charge in September.

The landlord is seeking an order for volumetric water used at the premises to the sum of $335.31.

Tenants are liable for outgoings like volumetric water used during the tenancy. The fact that Watercare provided a too-low estimated water charge for June, July and August is not a defence to the claim for water charges.

This claim is established and ordered in full.

TENANTS APPLICATION

The tenant has not pursued her application against the landlord, so it is dismissed.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

Claims and awards in Tenancy Tribunal application 4740190 — net $20.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as of 16 September 2023	$470.00	Rent arrears as of 16 September 2023
Water rates	$335.31	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20.44
Total payable by Tenant to Landlord	$20.44

Order

Tina Knight must pay The Property Managers Limited $20.44 immediately, calculated as shown in the table below:
The Bond Centre is to pay the bond of $805.31 (5162723-007) to The Property Managers Limited as agent for Saleem Bhikoo, immediately.
The tenant’s application against the landlord is dismissed.

Reasons

The Tribunal must consider applications filed by both the landlord and tenant.
Only the landlord appeared at the hearing. I am satisfied that the tenant has been properly notified of the hearing, and therefore I will proceed to consider the claim in her absence. DescriptionLandlord Rent arrears as of 16 September 2023$470.00 Water rates$335.31 Filing fee reimbursement$20.44 Total award$825.75 Minus bond-$805.31 Total payable by Tenant to Landlord$20.44

BACKGROUND

The tenancy terminated on 16 September 2024, and possession was returned to the landlord that day.
Both parties have filed applications with the Tribunal following the tenancy termination. Those are the subject of this decision.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

LANDLORDS CLAIMS

The landlord seeks orders for the payment of rent arrears and water. This is sought from the bond. Rent arrears
The landlord has applied for an order that the tenant pay rent arrears being rent between the last date rent was paid, until 16 September 2023 being the date possession of the tenancy was returned to the landlord, the arrears being $470.00.
The landlord has provided the Tribunal with a rent ledger. I have no reason to consider that record to be incorrect.
The landlord has established that the tenant is in arrears of the amount claimed, and that is ordered in full. Water rates
At the end of the tenancy, a water account was received which the tenant considered was too high for her water use. The landlord states that they went to the premises and could not find any leak, noting at the time that the water meter was not showing any movement – meaning no water was passing the unit, discounting a leak. The landlord states that it subsequently transpired that the previous accounts were based on too low estimated readings from Watercare, so when the reading was undertaken in September, it was high, therefore accounting for a large charge in September.
The landlord is seeking an order for volumetric water used at the premises to the sum of $335.31.
Tenants are liable for outgoings like volumetric water used during the tenancy. The fact that Watercare provided a too-low estimated water charge for June, July and August is not a defence to the claim for water charges.
This claim is established and ordered in full.

TENANTS APPLICATION

The tenant has not pursued her application against the landlord, so it is dismissed.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

Tenancy Tribunal case 4740190 — Rent arrears at 33 Kingsway Avenue, Sandringham, Auckland 1025

At a glance

Tenancy Tribunal case 4740190 — Rent arrears at 33 Kingsway Avenue, Sandringham, Auckland 1025

At a glance

Award balance

Claims & awards

Order

Reasons

BACKGROUND

RELEVANT LEGAL CONSIDERATIONS

LANDLORDS CLAIMS

TENANTS APPLICATION

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

BACKGROUND

RELEVANT LEGAL CONSIDERATIONS

LANDLORDS CLAIMS

TENANTS APPLICATION

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions