What was Tenancy Tribunal case 4760837 about?

The tribunal order states: The parties’ names and identifying details including the tenancy address must

How much money was awarded in case 4760837?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $339.99 awarded to landlord; Water Arrears: $316.42 awarded to landlord

What type of tenancy dispute was case 4760837?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4760837?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10165868-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4760837 about?

The tribunal order states: The parties’ names and identifying details including the tenancy address must

How much money was awarded in case 4760837?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $339.99 awarded to landlord; Water Arrears: $316.42 awarded to landlord

What type of tenancy dispute was case 4760837?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4760837?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10165868-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4760837 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4760837 — net $676.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24/10/2023	$339.99	Rent arrears to 24/10/2023
Water arrears	$316.42	Water arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$676.85
Total payable by Tenant to Landlord	$676.85

The hearing was conducted on Microsoft Teams by video link.

Evana Savila attended for the landlord. Ms [one of the tenants] attended for the tenants.

The landlord has applied for rent and water arrears, compensation, payment out of the bond, and reimbursement of the filing fee following the end of the tenancy.

The rent and water arrears are not in dispute.

The landlord also claims for a leaking laundry drainpipe and resulting carpet damage. The tenants deny liability for the damage.

Are the tenants responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. 1

After the tenants had moved out, a son noticed the leak at about 10:30pm. The tenant reported the leak to the landlord the next morning.

After cutting several holes in the wall, the landlord’s plumber traced the leak to the laundry drainpipe. The son of one of the tenants had disconnected the tenant’s washing machine earlier that day. The washing machine had been connected to hot and cold water pipes only about 30-60cm behind the drain. A plausible explanation for the damage is that it was occurred when the son disconnected the washing machine.

The son joined the hearing by telephone. He was confident that he had not touched the drainpipe in any significant way when he disconnected the washing machine.

The tenant’s son is employed as a window installer. That occupation requires a level of practical skill and dexterity commensurate to disconnecting a washing machine competently. The tenant’s son gave evidence in a matter-of-fact, confident way. When he found the leak, he rang his mother to tell her. She asked him to find where it was coming from, but he could not find the source. If he had been a bit rough in disconnecting the washing machine, he would naturally have suspected the leak was coming from the laundry tub area, but the evidence suggests he did not suspect that. I accept he honestly believes he did not damage the drainpipe. 1 Residential Tenancies Act 1986 (RTA), ss 40(2)(a), 41 and 49B RTA.

Ms Savila says the tenants were “above average” in looking after the house which tells me that the tenants and their family treated the house carefully and prudently.

There is an unexplained plumbing issue: the plumber reported that the water meter was showing water was flowing, consistent with a leak. It was assumed that the water leak was related to the leak from the laundry drainpipe. However, the drainpipe only collected and drained water, it did not generate water. The tenants say they did put water in the laundry tub to clean it out, but there seems to have been more water leaking than could be explained by filling and draining a tub. I am left less than completely confident that the damaged pipe was the only cause of the leak.

The pictures of the pipe indicate that it is not new. Plastic pipes of this kind can naturally deteriorate and become brittle and prone to cracking or leaking.

Having considered all the evidence and the submissions, I am persuaded on the balance of probabilities that the tenants did not carelessly cause the damage to the premises complained of.

This part of the landlord’s claim is dismissed. Filing fee

The tenants agreed to reimburse the landlord for the filing fee at mediation. The Tribunal orders that. Bond

The bond is to be paid out in accordance with the Tribunal’s findings. Non-publication

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

Both parties have substantially succeeded in the proceedings. I do not consider that publication is in the public interest or otherwise justified by the parties’ conduct or any other circumstances.

Non-publication is ordered.

Claims and awards in Tenancy Tribunal application 4760837 — net $676.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24/10/2023	$339.99	Rent arrears to 24/10/2023
Water arrears	$316.42	Water arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$676.85
Total payable by Tenant to Landlord	$676.85

Order

The parties’ names and identifying details including the tenancy address must not be published.
[The tenants] must pay 360 Property Management Limited as agent for [the landlords] $676.85 from the bond, calculated as shown in table below.
All other claims are dismissed.

Reasons

The hearing was conducted on Microsoft Teams by video link.
Evana Savila attended for the landlord. Ms [one of the tenants] attended for the tenants.
The landlord has applied for rent and water arrears, compensation, payment out of the bond, and reimbursement of the filing fee following the end of the tenancy.
The rent and water arrears are not in dispute.
The landlord also claims for a leaking laundry drainpipe and resulting carpet damage. The tenants deny liability for the damage.

Are the tenants responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. 1
After the tenants had moved out, a son noticed the leak at about 10:30pm. The tenant reported the leak to the landlord the next morning.
After cutting several holes in the wall, the landlord’s plumber traced the leak to the laundry drainpipe. The son of one of the tenants had disconnected the tenant’s washing machine earlier that day. The washing machine had been connected to hot and cold water pipes only about 30-60cm behind the drain. A plausible explanation for the damage is that it was occurred when the son disconnected the washing machine.
The son joined the hearing by telephone. He was confident that he had not touched the drainpipe in any significant way when he disconnected the washing machine.
The tenant’s son is employed as a window installer. That occupation requires a level of practical skill and dexterity commensurate to disconnecting a washing machine competently. The tenant’s son gave evidence in a matter-of-fact, confident way. When he found the leak, he rang his mother to tell her. She asked him to find where it was coming from, but he could not find the source. If he had been a bit rough in disconnecting the washing machine, he would naturally have suspected the leak was coming from the laundry tub area, but the evidence suggests he did not suspect that. I accept he honestly believes he did not damage the drainpipe. 1 Residential Tenancies Act 1986 (RTA), ss 40(2)(a), 41 and 49B RTA.
Ms Savila says the tenants were “above average” in looking after the house which tells me that the tenants and their family treated the house carefully and prudently.
There is an unexplained plumbing issue: the plumber reported that the water meter was showing water was flowing, consistent with a leak. It was assumed that the water leak was related to the leak from the laundry drainpipe. However, the drainpipe only collected and drained water, it did not generate water. The tenants say they did put water in the laundry tub to clean it out, but there seems to have been more water leaking than could be explained by filling and draining a tub. I am left less than completely confident that the damaged pipe was the only cause of the leak.
The pictures of the pipe indicate that it is not new. Plastic pipes of this kind can naturally deteriorate and become brittle and prone to cracking or leaking.
Having considered all the evidence and the submissions, I am persuaded on the balance of probabilities that the tenants did not carelessly cause the damage to the premises complained of.
This part of the landlord’s claim is dismissed. Filing fee
The tenants agreed to reimburse the landlord for the filing fee at mediation. The Tribunal orders that. Bond
The bond is to be paid out in accordance with the Tribunal’s findings. Non-publication
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
Both parties have substantially succeeded in the proceedings. I do not consider that publication is in the public interest or otherwise justified by the parties’ conduct or any other circumstances.
Non-publication is ordered.

Tenancy Tribunal case 4760837 — Rent arrears

At a glance

Tenancy Tribunal case 4760837 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions