What was Tenancy Tribunal case 4830204 about?

The tribunal order states: The Tribunal orders suppression of the names and identifying details of

How much money was awarded in case 4830204?

Filing Fee: $20.44 awarded to landlord; Water Rates: $1,000.00 awarded to landlord

What type of tenancy dispute was case 4830204?

The dispute type was not classified.

Where can I read the official tribunal order for case 4830204?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10140303-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4830204 about?

The tribunal order states: The Tribunal orders suppression of the names and identifying details of

How much money was awarded in case 4830204?

Filing Fee: $20.44 awarded to landlord; Water Rates: $1,000.00 awarded to landlord

What type of tenancy dispute was case 4830204?

The dispute type was not classified.

Where can I read the official tribunal order for case 4830204?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10140303-Tribunal_Order_Redacted.pdf.

Unit/Flat 2, 21 Grove Road, Sandringham, Auckland 1025 Tenancy Tribunal Case 4830204 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 4830204 — net $1,020.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$1,000.00	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,020.44
Total payable by Tenant to Landlord	$1,020.44

Both parties attended the hearing which was conducted remotely.

In her application, the landlord seeks $2,641.55 in unpaid water rates. At the hearing, she said that the amount is now $2,748.38.

The tenants agreed that they owed some water rates but disputed the amount, noting that there had been a pipe leak in September 2023.

The onus is on the landlord to produce the relevant evidence to prove her claim. The standard of proof is on the balance of probabilities. That means that the Tribunal must be satisfied that an event or fact is more likely than not to have occurred.

There is no dispute that the tenancy began on 14 September 2019 and ended on 28 December 2023. During the tenancy the water rates bill was sent to the tenant on a monthly basis and payments made accordingly until March 2023.

The landlord produced invoices from November 2023, December 2023, January 2024 and February 2024. The November one shows unpaid water rates of $2,126.15 plus $306.

The landlord did not provide any invoices for March to October. She said that she did not receive any.

The tenants say they received an invoice in February 2023 which they paid. Then in November, they received an invoice which they immediately queried. They produced copies of emails sent to the landlord. In an email dated 30 November they queried the water bill and noted that the usage in September was much larger and that at that time there had been a leak. They received no reply and followed up in December.

The tenant also notified the landlord on 12 December 2023 about a leak in the downstairs washroom. They said that no one came to check on the leak.

On 5 March 2024 the tenants emailed the landlord noting that between January 2022 and November 2022 the water bills had totalled about $800, and offering to pay that amount to settle the invoice from March to December 2023. They said that if the invoices had been sent on a monthly basis, they might have been alerted to a leak sooner.

There was no dispute that at the end of September 2023 the tenants had noted water coming up in the driveway which is shared by four flats, all owned by the landlord. It was fixed promptly.

The landlord said at the hearing that the issue raised in December had been checked and there was no leak. She produced no evidence such as a statement or invoice from a plumber confirming that.

The tenants said that as they compared their bills, they averaged $80 to $110.

The usage in the November invoice shows comparisons of water usage as follows: July approximately 900 litres Augustapproximately 1800 litres September 5000 litres Octoberjust under 1500 litres Novemberabout 750 litres

The tenant is responsible for the water rates during their tenancy but I am satisfied that based on this breakdown, it is more likely than not that the tenants did not use all of the water in September and they should not be liable for water rates which were high because of a leak that is no fault of their own.

A later invoice shows usage for December was also about 750 litres and January was minimal. The invoice also shows usage for February, but neither of these amounts is the responsibility of the tenant. The tenant also queried the usage in December, saying they were away from most that month.

Although in her emails to the landlord, the tenant raised the issue of the September leak and the possibility of a leak in December, the landlord did not produce evidence that a plumber had checked the possible leak in December. She also did not provide the tenant or the Tribunal with any evidence of the tenant’s water consumption between March and June 2023.

I indicated that $900 seemed reasonable for water rates for the period from March 2023 to December 2023. That was based on a calculation of 9 months, but in fact that should be a period of 10 months. I have decided that in light of issues with leaks and in the absence of better evidence from the landlord, an average of $100 per month for water rates is reasonable. Over a period of 10 months, that comes to $1,000.00.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Both parties have had partial success and so I order name suppression.

Claims and awards in Tenancy Tribunal application 4830204 — net $1,020.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$1,000.00	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,020.44
Total payable by Tenant to Landlord	$1,020.44

Order

The Tribunal orders suppression of the names and identifying details of both parties.
[The tenants] must pay [the landlord] the sum of $1020.44 immediately as calculated below:

Reasons

Both parties attended the hearing which was conducted remotely.
In her application, the landlord seeks $2,641.55 in unpaid water rates. At the hearing, she said that the amount is now $2,748.38.
The tenants agreed that they owed some water rates but disputed the amount, noting that there had been a pipe leak in September 2023.
The onus is on the landlord to produce the relevant evidence to prove her claim. The standard of proof is on the balance of probabilities. That means that the Tribunal must be satisfied that an event or fact is more likely than not to have occurred.
There is no dispute that the tenancy began on 14 September 2019 and ended on 28 December 2023. During the tenancy the water rates bill was sent to the tenant on a monthly basis and payments made accordingly until March 2023.
The landlord produced invoices from November 2023, December 2023, January 2024 and February 2024. The November one shows unpaid water rates of $2,126.15 plus $306.
The landlord did not provide any invoices for March to October. She said that she did not receive any.
The tenants say they received an invoice in February 2023 which they paid. Then in November, they received an invoice which they immediately queried. They produced copies of emails sent to the landlord. In an email dated 30 November they queried the water bill and noted that the usage in September was much larger and that at that time there had been a leak. They received no reply and followed up in December.
The tenant also notified the landlord on 12 December 2023 about a leak in the downstairs washroom. They said that no one came to check on the leak.
On 5 March 2024 the tenants emailed the landlord noting that between January 2022 and November 2022 the water bills had totalled about $800, and offering to pay that amount to settle the invoice from March to December 2023. They said that if the invoices had been sent on a monthly basis, they might have been alerted to a leak sooner.
There was no dispute that at the end of September 2023 the tenants had noted water coming up in the driveway which is shared by four flats, all owned by the landlord. It was fixed promptly.
The landlord said at the hearing that the issue raised in December had been checked and there was no leak. She produced no evidence such as a statement or invoice from a plumber confirming that.
The tenants said that as they compared their bills, they averaged $80 to $110.
The usage in the November invoice shows comparisons of water usage as follows: July approximately 900 litres Augustapproximately 1800 litres September 5000 litres Octoberjust under 1500 litres Novemberabout 750 litres
The tenant is responsible for the water rates during their tenancy but I am satisfied that based on this breakdown, it is more likely than not that the tenants did not use all of the water in September and they should not be liable for water rates which were high because of a leak that is no fault of their own.
A later invoice shows usage for December was also about 750 litres and January was minimal. The invoice also shows usage for February, but neither of these amounts is the responsibility of the tenant. The tenant also queried the usage in December, saying they were away from most that month.
Although in her emails to the landlord, the tenant raised the issue of the September leak and the possibility of a leak in December, the landlord did not produce evidence that a plumber had checked the possible leak in December. She also did not provide the tenant or the Tribunal with any evidence of the tenant’s water consumption between March and June 2023.
I indicated that $900 seemed reasonable for water rates for the period from March 2023 to December 2023. That was based on a calculation of 9 months, but in fact that should be a period of 10 months. I have decided that in light of issues with leaks and in the absence of better evidence from the landlord, an average of $100 per month for water rates is reasonable. Over a period of 10 months, that comes to $1,000.00.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
Both parties have had partial success and so I order name suppression.

Tenancy Tribunal case 4830204 — Tenancy dispute at Unit/Flat 2, 21 Grove Road, Sandringham, Auckland 1025

At a glance

Tenancy Tribunal case 4830204 — Tenancy dispute at Unit/Flat 2, 21 Grove Road, Sandringham, Auckland 1025

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions