What was Tenancy Tribunal case 4793137 about?

The tribunal order states: [The tenant/s] owes [The landlord/s] $2,784.94 (“the debt”).

How much money was awarded in case 4793137?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,040.00 awarded to landlord; Plumber - Drain Clearing X 2: $724.50 awarded to landlord

What type of tenancy dispute was case 4793137?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4793137?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10526414-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4793137 about?

The tribunal order states: [The tenant/s] owes [The landlord/s] $2,784.94 (“the debt”).

How much money was awarded in case 4793137?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,040.00 awarded to landlord; Plumber - Drain Clearing X 2: $724.50 awarded to landlord

What type of tenancy dispute was case 4793137?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4793137?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10526414-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4793137 — Rent arrears

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4793137 — net $2,784.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,040.00	Rent arrears
Repairs: plumber - drain clearing x 2	$724.50	Repairs: plumber - drain clearing x 2
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,784.94
Total payable by Tenant to Landlord	$2,784.94

[The tenant/s] owes [The landlord/s] $2,784.94 (“the debt”).

[The tenant/s] must pay rent and the debt as follows: a. By 55 weekly payments of $730.00, being $680.00 for rent and $50.00 for the debt. b. A final payment of $714.94, being $680.00 for rent and $34.94 for the debt. c. Payments will be every Monday, with the first payment on 08/07/2024 and continuing until 28/07/2025.

Payments will be allocated in the following order: rent, rent arrears, and the filing fee.

If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

If the tenant fails to pay the filing fee within 2 working days of the due date, the landlord may seek termination.

Reasons

Both parties attended the hearing.

The landlord has applied for rent arrears, and the costs of having drains unblocked. The tenant wants to repay the debt to avoid immediate termination.

The tenant accepts the rent arears are owing. However, she disputes the cost of the plumbing work. The landlord has had to have drains unblocked due to wet-wipes, grease and other items being flushed down the toilet. The initial blockage was cleared on 22 August 2023. The plumber noted the blockage was caused by non-degradable items being flushed and the issue was raised by both the plumber and the landlord with the tenant. The landlord paid this cost and does not seek to recover.

The landlord and tenant agreed that the tenant would remove some items of rubbish from the property, and an inspection has been arranged to occur in 3 weeks.

The blockage recurred twice and was cleared on 30 October 2023, and 20 February. The August and October invoices note that wet wipes are the cause of the blockage. The landlord seeks to recover these costs totalling $724.50.

The tenant accepts some liability for the blockage, but referred to an issue with the shower, advising that the plumber had advised that the issue was with the pipes themselves. The tenant had the shower drain issue resolved themselves.

The landlord says the shower issue is separate, and showed texts which show that the shower issue was raised the day after the final plumbers visit. The landlord offered to visit to see the problem, but the tenant was not available and chose to have the issue resolved themselves.

Reviewing the evidence, I note that: a. the plumbers’ invoices note that wet wipes and other foreign material was the cause of the blockages, no mention of the sewer pipes themselves being an issue is mentioned; b. the tenant accepts that she caused the initial blockages, but says she no longer flushes wet wipes; c. the shower issue was raised with the landlord, who responded in a reasonable period of time; and d. the tenant initially agreed that she was liable for the blockages.

The issue with the blockages is damage. Tenants are liable for damage caused which is reckless or intentional, however, if the damage is covered by the landlords insurance, they are only liable for the limit of the excess.

The initial blockage was not intentional, however, the continued blockages were due to the continued flushing of non-degradable foreign material, after having been advised of the issue. This was reckless and is not insurable damage. I find the tenant is liable for the plumbing costs sought.

Should a conditional order be made?

I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional order.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4793137 — net $2,784.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,040.00	Rent arrears
Repairs: plumber - drain clearing x 2	$724.50	Repairs: plumber - drain clearing x 2
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,784.94
Total payable by Tenant to Landlord	$2,784.94

[The tenant/s] owes [The landlord/s] $2,784.94 (“the debt”).

Payments will be allocated in the following order: rent, rent arrears, and the filing fee.

If the tenant fails to pay the filing fee within 2 working days of the due date, the landlord may seek termination.

Reasons

Both parties attended the hearing.

The landlord has applied for rent arrears, and the costs of having drains unblocked. The tenant wants to repay the debt to avoid immediate termination.

The landlord and tenant agreed that the tenant would remove some items of rubbish from the property, and an inspection has been arranged to occur in 3 weeks.

Should a conditional order be made?

I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional order.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4793137 — Rent arrears

At a glance

Tenancy Tribunal case 4793137 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions