What was Tenancy Tribunal case 4864968 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $890.00 immediately, being rent

How much money was awarded in case 4864968?

The reconciled net award was $890.00.

What type of tenancy dispute was case 4864968?

The primary dispute was Rent arrears. Related themes: Leaks.

Where can I read the official tribunal order for case 4864968?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10847200-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4864968 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $890.00 immediately, being rent

How much money was awarded in case 4864968?

The reconciled net award was $890.00.

What type of tenancy dispute was case 4864968?

The primary dispute was Rent arrears. Related themes: Leaks.

Where can I read the official tribunal order for case 4864968?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10847200-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4864968 — Rent arrears

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4864968 — net $890.00 NZD. Verify amounts on MoJ.
Claim	Category	Amount	Awarded to	Reason
Net award	$890.00

Only the applicant landlord attended the hearing today.

This matter was adjourned on 19 June 2024 for the landlord to file further evidence and for the tenant to file a cross application and evidence in support.

The tenant has not filed a cross application and did not attend today or request an adjournment.

The hearing proceeded in the tenant’s absence.

The tenants entered in to a one-year fixed term tenancy on 24 March 2023, this tenancy become a periodic tenancy in March 2024.

In May 2024 the premises were sold and there was a change in landlord.

This application is filed by the former landlord seeking the following: -payment of rent arrears in the sum of $890.00 to 9 May 2024 -payment of 80 percent of the water arrears in the sum of $3596.30 -payment of two plumbing invoices for unblocking the bathroom drain totalling $805.00

Today the applicant advised that the claim for reimbursement of plumbing invoices is withdrawn.

The landlord has applied for rent arrears in the sum of $890.00 for rent to the change in landlord being 9 May 2024 and has provided rent records which prove the amount owing.

The landlord has applied for water arrears. The tenant disputed the arrears on the grounds that there were leaks at the premises which is why the amount is so high and that regular invoices had not been sent for payment.

There is an invoice filed by the landlord dated September 2023 which records that there was a leakage issue at the premises which was repaired.

This claim was adjourned for both parties to file further evidence regarding the leak including evidence from the landlord that the water invoices had been sent regularly to the tenant.

The landlord advised today that proof of the invoices being sent regularly to the tenant cannot be provided.

Tenants are only responsible for outgoings that are exclusively attributable to their occupation of the premises. See section 39 of the RTA. The District Court has held that there is an implied obligation on landlords to advise their tenants of the amounts payable as they accrue.

In view of the leak and the failure to provide proof evidence of regular water invoicing to the tenants I find that the landlord has failed to prove on the balance of probabilities that the tenant is liable for the water charges claimed. Therefore, the claim for payment of water charges is dismissed.

Because [The applicant/s] has only partially succeeded with the claim I decline to reimburse the filing fee.

The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. The applicant has applied for suppression but has not been wholly successful with their claim. However, having considered the factors in this case the Tribunal of its own initiative grants suppression of all party identifying details.

Reasons

Claims and awards in Tenancy Tribunal application 4864968 — net $890.00 NZD. Verify amounts on MoJ.
Claim	Category	Amount	Awarded to	Reason
Net award	$890.00