What was the outcome of Tenancy Tribunal case 4860661?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4860661?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4860661?

The dispute type was not classified.

Where can I read the official tribunal order for case 4860661?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11162369-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4860661?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4860661?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4860661?

The dispute type was not classified.

Where can I read the official tribunal order for case 4860661?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11162369-Tribunal_Order.pdf.

Unit/Flat 2, 90 Jellicoe Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 4860661 — Tenancy dispute

Order

The application is dismissed.

Reasons

Adarsh Punnasseri attended the hearing on behalf of Fair Rentals Limited for the landlord. Asim Zahid attended the hearing on behalf of the tenant. Mr Zahid stated that the other two named tenants were his parents and he had authority to speak on their behalf.
The landlord has applied for outstanding water rates following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

How much is owed for water rates?

A tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities. See section 30(3) Residential Tenancies Act 1986 (RTA).
The tenancy ended on 13 February 2024.
The landlord claims that outstanding water rates totalled $2,303.82 at the end of the tenancy. The landlord seeks an order that the tenant pay $1,005.99 of this amount. The landlord provided water rates invoices from the water rates authority for the period 21 January 2022 – 13 February 2024.
The tenant states that the tenancy address is the second house down a driveway (the “back house”). The tenant states there is a minor dwelling (the “granny flat”), which is situated on the same piece of land as the first house down the driveway (the “front house”). The tenant states that the granny flat used to be a double garage for the front house. The tenant states that power and water for the backhouse and granny flat are supplied as part of one unit.
Mr Punnasseri initially agreed with the tenant’s submission that power and water for the backhouse and granny flat are supplied as part of one unit. Mr Punnasseri initially stated that Fair Rentals Ltd only discovered the water meter for the granny flat on 8 November 2023. He provided a photograph of it to the Tribunal.
In response to questions from the Tribunal, Mr Punnasseri accepted that Fair Rentals Ltd did not have evidence of having carried out separate water meter readings on the granny flat that corresponded with each water rates invoice. Mr Punnasseri agreed that the tenant was not responsible for paying the total amount contained in each water rates invoice, only the amount equivalent to the total water consumed by the back house. Mr Punnasseri stated that it was for this reason that the landlord agreed to reduce the total amount sought for outstanding water rates from $2,303.82 to $1,005.99.
The tenant gave evidence that they began renting the property in early 2019. The tenant states that there is a separate water and power meter at the granny flat from which to take readings for water and power used by the granny flat. The tenant claims that at the beginning of the tenancy, the owner would visit the property to complete a water and power reading for the granny flat. The owner would then advise the tenant the portion of the total bill for water and power that the back house was responsible for and the portion that the granny flat was responsible for. The tenant states that they reached an agreement with the owner that the tenants of the back house would pay the total invoice for power consumed by both properties and the tenants of the granny flat would pay the total invoice for water consumed by both properties. The tenant claims that this agreement endured through subsequent owners until Fair Rentals Ltd took over management of the property. When this happened, Fair Rentals Ltd sought to enforce payment by the tenant of all water rates invoices issued for the back house from the beginning of the tenancy.
After hearing evidence from both parties, I indicated to Mr Punnasseri that I would not grant the landlord’s claim for outstanding water rates invoices, as they were unable to prove the amount that was exclusively attributable to the tenant’s occupation of the premises. The tenant did not file a cross-application however, sought to make an oral application for a refund of the bond at the hearing. I allowed Mr Punnasseri ten minutes to take instructions on whether to consent to this or not. When the hearing resumed, Mr Punnasseri advised that he had spoken to the former property manager of the back house who advised that water was not provided to the granny flat and back house as part of the same unit. Mr Punnasseri advised that the former property manager stated that only power was supplied to both properties. Mr Punnasseri stated that the water meter for the granny flat that he referred to at the beginning of the hearing and provided a photograph of was actually a power meter. Mr Punnasseri advised he was not instructed to accept an oral application by the tenant at the hearing for a refund of the bond.
Mr Punnasseri used the adjournment for a different purpose than I allowed. The evidence he gave after the adjournment was in stark contrast to the evidence he gave at the beginning of the hearing. This leaves me with serious concerns about the reliability of any submissions made by him during the hearing. Mr Punnasseri seemed to have a very limited knowledge of the file and physical layout of the tenancy address. Mr Punnasseri did not call the former property manager as a witness, nor did he provide any written communication from the former property manager.
In contrast to Mr Punnasseri’s evidence, the tenant’s evidence was clear and consistent. The tenant strongly disagreed with the submission made by Mr Punnasseri after the adjournment. The tenant maintained that water and power were supplied to the back house and granny flat as part of one unit. I accept the tenant’s evidence. I am not convinced that water was supplied to the backhouse and granny flat separately. On the balance of probabilities, I am persuaded that it was provided to the back house and granny flat as part of one unit, as initially accepted by Mr Punnasseri at the beginning of the hearing.
A tenant is only responsible for outgoings in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities. The landlord has not proven the portion of the water rates invoices that are exclusively attributable to the tenant’s occupation of the premises and use of the facilities. Therefore, the landlord’s application for outstanding water rates is dismissed. Filing fee
Because Fair Rentals Limited As Agent For Krunal have not succeeded with the claim I have not reimbursed the filing fee.

Order

The application is dismissed.

Reasons

Adarsh Punnasseri attended the hearing on behalf of Fair Rentals Limited for the landlord. Asim Zahid attended the hearing on behalf of the tenant. Mr Zahid stated that the other two named tenants were his parents and he had authority to speak on their behalf.
The landlord has applied for outstanding water rates following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

How much is owed for water rates?

A tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities. See section 30(3) Residential Tenancies Act 1986 (RTA).
The tenancy ended on 13 February 2024.
The landlord claims that outstanding water rates totalled $2,303.82 at the end of the tenancy. The landlord seeks an order that the tenant pay $1,005.99 of this amount. The landlord provided water rates invoices from the water rates authority for the period 21 January 2022 – 13 February 2024.
The tenant states that the tenancy address is the second house down a driveway (the “back house”). The tenant states there is a minor dwelling (the “granny flat”), which is situated on the same piece of land as the first house down the driveway (the “front house”). The tenant states that the granny flat used to be a double garage for the front house. The tenant states that power and water for the backhouse and granny flat are supplied as part of one unit.
Mr Punnasseri initially agreed with the tenant’s submission that power and water for the backhouse and granny flat are supplied as part of one unit. Mr Punnasseri initially stated that Fair Rentals Ltd only discovered the water meter for the granny flat on 8 November 2023. He provided a photograph of it to the Tribunal.
In response to questions from the Tribunal, Mr Punnasseri accepted that Fair Rentals Ltd did not have evidence of having carried out separate water meter readings on the granny flat that corresponded with each water rates invoice. Mr Punnasseri agreed that the tenant was not responsible for paying the total amount contained in each water rates invoice, only the amount equivalent to the total water consumed by the back house. Mr Punnasseri stated that it was for this reason that the landlord agreed to reduce the total amount sought for outstanding water rates from $2,303.82 to $1,005.99.
The tenant gave evidence that they began renting the property in early 2019. The tenant states that there is a separate water and power meter at the granny flat from which to take readings for water and power used by the granny flat. The tenant claims that at the beginning of the tenancy, the owner would visit the property to complete a water and power reading for the granny flat. The owner would then advise the tenant the portion of the total bill for water and power that the back house was responsible for and the portion that the granny flat was responsible for. The tenant states that they reached an agreement with the owner that the tenants of the back house would pay the total invoice for power consumed by both properties and the tenants of the granny flat would pay the total invoice for water consumed by both properties. The tenant claims that this agreement endured through subsequent owners until Fair Rentals Ltd took over management of the property. When this happened, Fair Rentals Ltd sought to enforce payment by the tenant of all water rates invoices issued for the back house from the beginning of the tenancy.
After hearing evidence from both parties, I indicated to Mr Punnasseri that I would not grant the landlord’s claim for outstanding water rates invoices, as they were unable to prove the amount that was exclusively attributable to the tenant’s occupation of the premises. The tenant did not file a cross-application however, sought to make an oral application for a refund of the bond at the hearing. I allowed Mr Punnasseri ten minutes to take instructions on whether to consent to this or not. When the hearing resumed, Mr Punnasseri advised that he had spoken to the former property manager of the back house who advised that water was not provided to the granny flat and back house as part of the same unit. Mr Punnasseri advised that the former property manager stated that only power was supplied to both properties. Mr Punnasseri stated that the water meter for the granny flat that he referred to at the beginning of the hearing and provided a photograph of was actually a power meter. Mr Punnasseri advised he was not instructed to accept an oral application by the tenant at the hearing for a refund of the bond.
Mr Punnasseri used the adjournment for a different purpose than I allowed. The evidence he gave after the adjournment was in stark contrast to the evidence he gave at the beginning of the hearing. This leaves me with serious concerns about the reliability of any submissions made by him during the hearing. Mr Punnasseri seemed to have a very limited knowledge of the file and physical layout of the tenancy address. Mr Punnasseri did not call the former property manager as a witness, nor did he provide any written communication from the former property manager.
In contrast to Mr Punnasseri’s evidence, the tenant’s evidence was clear and consistent. The tenant strongly disagreed with the submission made by Mr Punnasseri after the adjournment. The tenant maintained that water and power were supplied to the back house and granny flat as part of one unit. I accept the tenant’s evidence. I am not convinced that water was supplied to the backhouse and granny flat separately. On the balance of probabilities, I am persuaded that it was provided to the back house and granny flat as part of one unit, as initially accepted by Mr Punnasseri at the beginning of the hearing.
A tenant is only responsible for outgoings in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities. The landlord has not proven the portion of the water rates invoices that are exclusively attributable to the tenant’s occupation of the premises and use of the facilities. Therefore, the landlord’s application for outstanding water rates is dismissed. Filing fee
Because Fair Rentals Limited As Agent For Krunal have not succeeded with the claim I have not reimbursed the filing fee.

Tenancy Tribunal case 4860661 — Tenancy dispute at Unit/Flat 2, 90 Jellicoe Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4860661 — Tenancy dispute at Unit/Flat 2, 90 Jellicoe Road, Manurewa, Auckland 2102

At a glance

Claims & awards

Order

Reasons

How much is owed for water rates?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for water rates?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions