What was Tenancy Tribunal case 4752057 about?

The published order could not be summarised from available data.

How much money was awarded in case 4752057?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4752057?

The dispute type was not classified.

Where can I read the official tribunal order for case 4752057?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9829127-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4752057 about?

The published order could not be summarised from available data.

How much money was awarded in case 4752057?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4752057?

The dispute type was not classified.

Where can I read the official tribunal order for case 4752057?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9829127-Tribunal_Order_Redacted.pdf.

82 Medallion Drive, Oteha, Auckland 0632 Tenancy Tribunal Case 4752057 — Tenancy dispute

Tenantcheck Insights

Reasons

This is a most unusual case.

The tenants have been tenants in these premises since 2017. The tenancy agreement records the landlord simply as “LJ Hooker Metro City Branch”.

It appears that in more recent times the landlord has been increasingly difficult to contact for the tenants, and it appears the landlord has not been paying the water charges for the premises. On 20 October 2023 the tenants received a demand from Debtworks for outstanding water charges for the premises, which at that time totalled $9,830.41. I understand the debt is now over $10,000.00.

On 26 November 2023 Watercare gave the tenants a notice of an intention to shut off the water with 48 hours’ notice, which presumably was because of the water debt.

The tenants filed an application with the Tribunal, and in the course of that a tenancy mediator assisted, and was able to get Watercare to agree to accept rent payments directly from the tenants toward clearing the debt, and on that basis the water supply would continue. That is a very sensible approach.

The RTA requires that landlords provide water to the tenancy premises (see section 45(1)(ca)).

Section 45(2) also prohibits landlords from interfering with the supply of services (including water) to the premises. In this situation the landlord has interfered with the supply of the water, by not paying the water charges.

A telephone hearing was scheduled today. The tenant attended, but there was no answer to my calls to the landlord at both the cellphone and landline number on the tenancy agreement.

It is imperative that the tenants continue to have water supplied to the tenancy for obvious reasons. The best way forward, given the landlord’s breach, and failure to engage with this Tribunal process, is that I make an order that the tenants pay their rental directly to either Debtworks or Watercare in order to pay off the water debt. Those payments should continue until the water charges are no longer in debt, at which time the payments should revert to being paid to the landlord.

Reasons

This is a most unusual case.

The tenants have been tenants in these premises since 2017. The tenancy agreement records the landlord simply as “LJ Hooker Metro City Branch”.

On 26 November 2023 Watercare gave the tenants a notice of an intention to shut off the water with 48 hours’ notice, which presumably was because of the water debt.

The RTA requires that landlords provide water to the tenancy premises (see section 45(1)(ca)).

A telephone hearing was scheduled today. The tenant attended, but there was no answer to my calls to the landlord at both the cellphone and landline number on the tenancy agreement.

Tenancy Tribunal case 4752057 — Tenancy dispute at 82 Medallion Drive, Oteha, Auckland 0632

At a glance

Claims & awards

Tenancy Tribunal case 4752057 — Tenancy dispute at 82 Medallion Drive, Oteha, Auckland 0632

At a glance

Claims & awards

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions