Published tribunal order
Tenancy Tribunal case 4832177 — Tenancy dispute
Decided 23 Apr 2024 · Published 23 Apr 2024 · Application 4832177
Party names are redacted in the official published order.
Order
- By the mutual consent of the parties, the tenancy agreement is varied with immediate effect so: a. Rent per week is reduced to $600.00, starting with the next rent payment due 28 April 2024; and b. The landlord obligation to pay $80.00 towards every water invoice is removed from the tenancy agreement (additional term 4 – number 3.) c. The tenant is liable for water/wastewater outgoings (consumption) as invoiced from now.
- The landlord withdraws any water rates claims made to date in this application ($115.22).
- No other orders are made.
Reasons
- Both parties attended the hearing, conducted via teleconference.
- The landlord sought a monetary order for overdue water rates.
- The intention of the landlord in drafting the tenancy agreement was that rent of $620.00 would be paid weekly but effectively $20.00 of that would be put towards the next water invoice. This process created some confusion for the tenant and it was agreed between the parties today that it was preferrable to revert to a weekly rent of $600.00 and water costs paid by the tenant on invoice. Suppression
- Section 95A RTA states regarding suppression orders that 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party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the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.
- Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
- Given the nature of this application, and outcome, I have applied suppression of all names and identifying details.