What was Tenancy Tribunal case 4786837 about?

The tribunal order states: Fong Property Management Limited must pay the tenant $84.99 immediately,

How much money was awarded in case 4786837?

Water Rates: $64.55 awarded to tenant; Filing Fee: $20.44 awarded to tenant; Rent Overpayment (Reduction Of Notic…: $158.57 awarded to tenant; Water Rates: $13.19 awarded to tenant; Water Rates: $21.88 awarded to tenant; Water Rates: $193.64 awarded to landlord

What type of tenancy dispute was case 4786837?

The dispute type was not classified.

Where can I read the official tribunal order for case 4786837?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10254987-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4786837 about?

The tribunal order states: Fong Property Management Limited must pay the tenant $84.99 immediately,

How much money was awarded in case 4786837?

Water Rates: $64.55 awarded to tenant; Filing Fee: $20.44 awarded to tenant; Rent Overpayment (Reduction Of Notic…: $158.57 awarded to tenant; Water Rates: $13.19 awarded to tenant; Water Rates: $21.88 awarded to tenant; Water Rates: $193.64 awarded to landlord

What type of tenancy dispute was case 4786837?

The dispute type was not classified.

Where can I read the official tribunal order for case 4786837?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10254987-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4786837 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4786837 — net $84.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates: (August 2023 to 19 January 2024	$193.64		3. The landlord sought $158.57 for water rates arrears it says was owing by the tenant at the end of the tenancy.
Rent overpayment (reduction of notice period by 3 days		$158.57	Rent overpayment (reduction of notice period by 3 days
Compensation: (33% reduction in final water rates bill		$64.55	3. The landlord sought $158.57 for water rates arrears it says was owing by the tenant at the end of the tenancy.
Water rates credit owed to tenant at end of tenancy		$13.19	3. The landlord sought $158.57 for water rates arrears it says was owing by the tenant at the end of the tenancy.
Water rates paid by tenant at end of tenancy		$21.88	3. The landlord sought $158.57 for water rates arrears it says was owing by the tenant at the end of the tenancy.
Filing fee reimbursement		$20.44	Filing fee reimbursement
Total award	$193.64	$278.63
Net award		$84.99
Bond		$1,440.00
Total payable by Landlord to Tenant		$84.99

Order

Fong Property Management Limited must pay the tenant $84.99 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,440.00 ([Bond number suppressed]) to the tenant immediately.

Reasons

Both parties attended the hearing.
The tenant has applied for a refund of a rent overpayment, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord sought $158.57 for water rates arrears it says was owing by the tenant at the end of the tenancy.

When did the tenancy end and was there a rent overpayment?

The tenant sent an email to the landlord on 22 December 2023 ending the tenancy on 21 January 2024 by the giving of 31 days’ notice.
On 29 December 2023, the tenant asked to amend the length of her notice to the statutorily required 28 days’ notice, with her tenancy ending on 19 January 2024. The tenant explained that she had thought she had to end her tenancy at the end of a tenancy period and not midway through a week and once she found out from Tenancy Services a tenancy could end midway through a week, she has sought the landlord’s permission to reduce the notice period by the three extra days in her 22 December 2023 notice.
On 3 January 2024 the tenant received an email from the landlord saying “Ok” to tenant’s request and informing the tenant it would agree a suitable time on 19 January 2024 to conduct the exit inspection.
The landlord did not communicate with the tenant again about the end date for the tenancy until the water rates bill for the period Aug 2023 to 20 January 2024 was given to the tenant on the last day of the tenancy. This was the first time the landlord had raised any objection to the tenant’s request to amend the notice period from 31 days to 28 days.
The landlord accepted vacant possession on 19 January 2024 when she conducted the exit inspection and accepted the keys to the property back.
The tenant acted under the reasonable belief that the landlord had agreed to the reduced notice period in its email of 3 January 2024. She relied on its agreement to her detriment. For example, the tenant agreed to move into her new home on 19 January 2024, based on the landlord’s agreement that the notice period be reduced by three days, and she relied on receiving the 3 days rent overpayment to offset the unknown water rates bills she had not received from August 2023 to 20 January 2024.
The landlord argued it was never its intention to agree to the reduction of the notice period by 3 days and “OK” meant it was agreeing to conduct the exit inspection on 19 January 2024 only. It accepted during the hearing that its intention was not clearly conveyed in that email and that at no time until 18 January 2024, when the tenant was moving out, did it raise its objection to the reduced notice period request.
I find the tenancy ended on 19 January 2024, based on the landlord’s implied acceptance on 3 January 2024 of the tenant’s 29 December 2023 email request to reduce the notice period by 3 days, and for the landlord to use any overpayment of rent to offset any water rates arrears at the end of the tenancy.

Was the tenant in water rates arrears at the end of the tenancy?

The tenant provided evidence that the landlord provided her with regular two monthly water rates bills from when her tenancy commenced on 14 June 2021 until August 2023. From 22 August 2023 to 18 January 2024, the tenant was not provided with water rates bills, despite repeatedly requesting these on 21 November 2023, 18 and 21 December 2023, and in early January 2024.
Section 49 of the Residential Tenancies Act 1986 (“RTA”) confirms “Where any party to a tenancy agreement breaches any of the provisions of the agreement or of this Act, the other party shall take all reasonable steps to limit the damage or loss arising from that breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract”.
The landlord claims the tenant was in water rates arrears of $180.45 at the end of her tenancy, being $193.64 water rates bills for a 6-month period from August 2023 to January 2024.
The tenant claims she was caught by surprise when she was presented with a water rates bill for $193.64 on her last day of tenancy when she had been asking for the bills, had no idea what her debt was and had calculated the water rates arrears to be around $120.00 maximum for the approximately 6-month period.
The landlord agreed it had been tardy in getting the water rates bills to the tenant and argued she should not get compensation for the landlord’s failure to mitigate its damage or loss because: a. The property manager had been on leave for 6 weeks in November and December 2023 so could not get the water rates bills to the tenant in that period and this was an extenuating circumstance the Tribunal should take into consideration; b. The tenant was not disadvantaged by not receiving the regular water rates bills as: i. She received credit for the owners staying in the downstairs property and using her power and water; ii. It had been agreed by the parties this credit would be used to offset any water rates arrears owing by the tenant; iii. The parties agreed to use some of these credits of offset rent owing when the credit amount became quite large; and iv. If the tenant had left the credit in the water rates account, she would not have had any water rates debt at the end of the tenancy.
I do not accept that a 6-month delay in the provision of water rates bills is fair and reasonable in all the circumstances. The landlord could have and should have provided the tenant with two monthly water rates bills for the duration of her tenancy and not leave the tenant exposed to a large water rates bill for 6- month period and then expected her to pay it promptly at the end of her tenancy. It did not take all reasonable steps to limit the damage or loss arising from the tenant’s breach of her tenancy agreement obligation to pay her water rates regularly and when they were due.
I am satisfied that the landlord is in breach of its s49 RTA obligations, and it cannot be allowed to save up water rates bills for 6 months and then demand immediate payment. I have therefore awarded the tenant a 33% reduction in the $193.64 water rates bill to compensate her for the stress and inconvenience of having a large water rates bill hoisted in her at the end of a 6-month period. Especially, when she had been asking the landlord to update her on the water arrears and/or credits as they were accruing so she did not get any nasty surprise bills that she had to find the money to pay.
33% of the final $193.64 water rates bill is $64.55. I find this to be a fair and reasonable discount on the water the tenant consumed in the last 6 months of her tenancy, having taken all the circumstances into account. Reimbursement of the filing fee
Because the applicant has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4786837 — net $84.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates: (August 2023 to 19 January 2024	$193.64		3. The landlord sought $158.57 for water rates arrears it says was owing by the tenant at the end of the tenancy.
Rent overpayment (reduction of notice period by 3 days		$158.57	Rent overpayment (reduction of notice period by 3 days
Compensation: (33% reduction in final water rates bill		$64.55	3. The landlord sought $158.57 for water rates arrears it says was owing by the tenant at the end of the tenancy.
Water rates credit owed to tenant at end of tenancy		$13.19	3. The landlord sought $158.57 for water rates arrears it says was owing by the tenant at the end of the tenancy.
Water rates paid by tenant at end of tenancy		$21.88	3. The landlord sought $158.57 for water rates arrears it says was owing by the tenant at the end of the tenancy.
Filing fee reimbursement		$20.44	Filing fee reimbursement
Total award	$193.64	$278.63
Net award		$84.99
Bond		$1,440.00
Total payable by Landlord to Tenant		$84.99

Order

Fong Property Management Limited must pay the tenant $84.99 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,440.00 ([Bond number suppressed]) to the tenant immediately.

Reasons

Both parties attended the hearing.
The tenant has applied for a refund of a rent overpayment, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord sought $158.57 for water rates arrears it says was owing by the tenant at the end of the tenancy.

When did the tenancy end and was there a rent overpayment?

The tenant sent an email to the landlord on 22 December 2023 ending the tenancy on 21 January 2024 by the giving of 31 days’ notice.
On 29 December 2023, the tenant asked to amend the length of her notice to the statutorily required 28 days’ notice, with her tenancy ending on 19 January 2024. The tenant explained that she had thought she had to end her tenancy at the end of a tenancy period and not midway through a week and once she found out from Tenancy Services a tenancy could end midway through a week, she has sought the landlord’s permission to reduce the notice period by the three extra days in her 22 December 2023 notice.
On 3 January 2024 the tenant received an email from the landlord saying “Ok” to tenant’s request and informing the tenant it would agree a suitable time on 19 January 2024 to conduct the exit inspection.
The landlord did not communicate with the tenant again about the end date for the tenancy until the water rates bill for the period Aug 2023 to 20 January 2024 was given to the tenant on the last day of the tenancy. This was the first time the landlord had raised any objection to the tenant’s request to amend the notice period from 31 days to 28 days.
The landlord accepted vacant possession on 19 January 2024 when she conducted the exit inspection and accepted the keys to the property back.
The tenant acted under the reasonable belief that the landlord had agreed to the reduced notice period in its email of 3 January 2024. She relied on its agreement to her detriment. For example, the tenant agreed to move into her new home on 19 January 2024, based on the landlord’s agreement that the notice period be reduced by three days, and she relied on receiving the 3 days rent overpayment to offset the unknown water rates bills she had not received from August 2023 to 20 January 2024.
The landlord argued it was never its intention to agree to the reduction of the notice period by 3 days and “OK” meant it was agreeing to conduct the exit inspection on 19 January 2024 only. It accepted during the hearing that its intention was not clearly conveyed in that email and that at no time until 18 January 2024, when the tenant was moving out, did it raise its objection to the reduced notice period request.
I find the tenancy ended on 19 January 2024, based on the landlord’s implied acceptance on 3 January 2024 of the tenant’s 29 December 2023 email request to reduce the notice period by 3 days, and for the landlord to use any overpayment of rent to offset any water rates arrears at the end of the tenancy.

Was the tenant in water rates arrears at the end of the tenancy?

The tenant provided evidence that the landlord provided her with regular two monthly water rates bills from when her tenancy commenced on 14 June 2021 until August 2023. From 22 August 2023 to 18 January 2024, the tenant was not provided with water rates bills, despite repeatedly requesting these on 21 November 2023, 18 and 21 December 2023, and in early January 2024.
Section 49 of the Residential Tenancies Act 1986 (“RTA”) confirms “Where any party to a tenancy agreement breaches any of the provisions of the agreement or of this Act, the other party shall take all reasonable steps to limit the damage or loss arising from that breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract”.
The landlord claims the tenant was in water rates arrears of $180.45 at the end of her tenancy, being $193.64 water rates bills for a 6-month period from August 2023 to January 2024.
The tenant claims she was caught by surprise when she was presented with a water rates bill for $193.64 on her last day of tenancy when she had been asking for the bills, had no idea what her debt was and had calculated the water rates arrears to be around $120.00 maximum for the approximately 6-month period.
The landlord agreed it had been tardy in getting the water rates bills to the tenant and argued she should not get compensation for the landlord’s failure to mitigate its damage or loss because: a. The property manager had been on leave for 6 weeks in November and December 2023 so could not get the water rates bills to the tenant in that period and this was an extenuating circumstance the Tribunal should take into consideration; b. The tenant was not disadvantaged by not receiving the regular water rates bills as: i. She received credit for the owners staying in the downstairs property and using her power and water; ii. It had been agreed by the parties this credit would be used to offset any water rates arrears owing by the tenant; iii. The parties agreed to use some of these credits of offset rent owing when the credit amount became quite large; and iv. If the tenant had left the credit in the water rates account, she would not have had any water rates debt at the end of the tenancy.
I do not accept that a 6-month delay in the provision of water rates bills is fair and reasonable in all the circumstances. The landlord could have and should have provided the tenant with two monthly water rates bills for the duration of her tenancy and not leave the tenant exposed to a large water rates bill for 6- month period and then expected her to pay it promptly at the end of her tenancy. It did not take all reasonable steps to limit the damage or loss arising from the tenant’s breach of her tenancy agreement obligation to pay her water rates regularly and when they were due.
I am satisfied that the landlord is in breach of its s49 RTA obligations, and it cannot be allowed to save up water rates bills for 6 months and then demand immediate payment. I have therefore awarded the tenant a 33% reduction in the $193.64 water rates bill to compensate her for the stress and inconvenience of having a large water rates bill hoisted in her at the end of a 6-month period. Especially, when she had been asking the landlord to update her on the water arrears and/or credits as they were accruing so she did not get any nasty surprise bills that she had to find the money to pay.
33% of the final $193.64 water rates bill is $64.55. I find this to be a fair and reasonable discount on the water the tenant consumed in the last 6 months of her tenancy, having taken all the circumstances into account. Reimbursement of the filing fee
Because the applicant has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4786837 — Tenancy dispute

At a glance

Tenancy Tribunal case 4786837 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

When did the tenancy end and was there a rent overpayment?

Was the tenant in water rates arrears at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

When did the tenancy end and was there a rent overpayment?

Was the tenant in water rates arrears at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Frequently asked questions