Published tribunal order
Tenancy Tribunal case 4782493 — Rent arrears at Unit/Flat 15, 24 Beswick Place, Birkdale, Auckland 0626
Decided 28 Mar 2024 · Published 28 Mar 2024 · Application 4782493
Landlord favoured
- Rent arrears
Order
- Lee Tony Payne must pay Garry Dobby, Lynette Dobby and Aaron Dobby as The Trustees for The Dobby Family Trust $7,254.01 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$8,100.00 Water rates to 1 January 2024$73.57 Filing fee reimbursement$20.44 Total award$8,194.01 Bond-$940.00 Total payable by Tenant to Landlord$7,254.01
- The Bond Centre is to pay the bond of $940.00 (3020835-017) to Garry Dobby, Lynette Dobby and Aaron Dobby as The Trustees for The Dobby Family Trust immediately.
Reasons
- Both parties attended the hearing.
- Further information was received following the hearing and has been considered.
- The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent and water rates?
- The tenancy ended on 1 January 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
- In relation to water rates, the landlord sought $177.29 in water rates and provided the invoice from an actual water reading on 11 January 2024. The invoice included the unpaid December water rates, plus the cost of the actual reading.
- The tenant disputes the amount claimed on the basis that he moved out on 1 January 2024, and there were contractors at the premises after that. I did not receive any evidence in support of this suggestion however, and I am not persuaded that the tenant is not liable for water on that basis.
- However, the amount claimed by the landlord includes fixed water rates for both December and January. Section 39 of the RTA provides that tenants are responsible for outgoings exclusively attributable to their occupation of the premises, so water metered on a consumption basis is the tenant’s responsibility, but not the fixed fee charges which are incurred irrespective of occupation of the premises.
- Accordingly, I am satisfied that the tenant is responsible for the metered costs on a consumption basis.
- I also consider that the tenant is liable for the costs of an actual meter reading, rather than an estimate reading. I note that the actual reading was lower than the previous months’ estimate, so this was to his advantage.
- In relation to the December invoice, the landlord has not provided that invoice, so I cannot determine what portion of it is metered consumption and what portion relates to fixed fees. I am not prepared to guess, so this portion of the landlord’s claim is dismissed.
- Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.