What was Tenancy Tribunal case 4888764 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $958.19 immediately, calculated as

How much money was awarded in case 4888764?

Filing Fee: $20.44 awarded to landlord; Water Rates: $937.75 awarded to landlord

What type of tenancy dispute was case 4888764?

The dispute type was not classified.

Where can I read the official tribunal order for case 4888764?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10663384-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4888764 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $958.19 immediately, calculated as

How much money was awarded in case 4888764?

Filing Fee: $20.44 awarded to landlord; Water Rates: $937.75 awarded to landlord

What type of tenancy dispute was case 4888764?

The dispute type was not classified.

Where can I read the official tribunal order for case 4888764?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10663384-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4888764 — Tenancy dispute

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New Zealand Tenancy Tribunal Case 4888764 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4888764 — net $958.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$937.75	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$958.19
Total payable by Tenant to Landlord	$958.19

Claims and awards for application 4888764 — net $958.19 NZD. Verify on MoJ.

Water rates

Amount: $937.75
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $958.19

Total payable by Tenant to Landlord

Landlord $958.19

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

[The tenant/s] must pay [The landlord/s] $958.19 immediately, calculated as shown in the table below:
All other claims are dismissed.

Reasons

Both parties attended the hearing. [The landlord’s representative] appeared for the landlord and [Tenant 1] attended for the tenants.
The landlord has applied for rent arrears, water charges and compensation for the unblocking of a drain.
At the hearing, the landlord advised that the tenants had caught up on their rent payments, therefore, rent arrears are no longer sought.
The tenants accept the water charges claimed by the landlord, as noted above. Therefore, this is no longer in dispute. Drain unblocking
The landlord seeks compensation for the cost of unblocking a drain, claiming that the tenants are responsible, since the tradesperson had advised that a plastic water bottle had been found and was the cause of the blockage. An invoice for $2,480.32 has been produced and is claimed from the tenants.
While acknowledging the landlord’s reasons, I find that the tenants are not liable. First, [Tenant 1]’s evidence, which I accept, is that the blocked pipe, located on the front lawn, was missing a cover, and he had informed the landlord during a routine inspection. The invoice notes that a new Buchan riser mushroom cap was installed, and the landlord accepts that the cap was missing. [The landlord’s representative] evidence is that the drainage contractor told him that the pipe ought to have had a cover. If the pipe had a cap on it, it is unlikely that the water bottle would have entered the pipe in the first place, causing the blockage. Therefore, the tenants cannot be held responsible for issues arising where the landlord has not attended to necessary repairs or maintenance. Particularly where these have been notified to the landlord.
Secondly, it is unclear how the bottle came to be in the pipe. [Tenant 1] has stated he does not know, although he acknowledges that it could have been put there by visiting children playing outside. I found his evidence to be credible.
Thirdly, the invoice indicates that, aside from the unblocking of the pipe, more extensive work was undertaken. The invoice records the scope of work as the “excavation and replacement of existing damaged SS pipework/removal of foreign object in drain.” The work is described as including cutting and removing a fault in the existing SS drainage, and replacement of faulty pipework with new pipes. Therefore, even if it was found that the tenants were responsible (and I have found that they are not) they cannot be held liable for the excavation and replacement of existing pipework. It is the landlord’s responsibility to attend to repairs and maintenance on the premises.
For the above reasons, the landlord’s claim is dismissed. Filing fee
As the landlord has had some success with its application, the tenant is to pay the landlord’s filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4888764 — net $958.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$937.75	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$958.19
Total payable by Tenant to Landlord	$958.19

Claims and awards for application 4888764 — net $958.19 NZD. Verify on MoJ.

Water rates

Amount: $937.75
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $958.19

Total payable by Tenant to Landlord

Landlord $958.19

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

[The tenant/s] must pay [The landlord/s] $958.19 immediately, calculated as shown in the table below:
All other claims are dismissed.

Reasons

Both parties attended the hearing. [The landlord’s representative] appeared for the landlord and [Tenant 1] attended for the tenants.
The landlord has applied for rent arrears, water charges and compensation for the unblocking of a drain.
At the hearing, the landlord advised that the tenants had caught up on their rent payments, therefore, rent arrears are no longer sought.
The tenants accept the water charges claimed by the landlord, as noted above. Therefore, this is no longer in dispute. Drain unblocking
The landlord seeks compensation for the cost of unblocking a drain, claiming that the tenants are responsible, since the tradesperson had advised that a plastic water bottle had been found and was the cause of the blockage. An invoice for $2,480.32 has been produced and is claimed from the tenants.
While acknowledging the landlord’s reasons, I find that the tenants are not liable. First, [Tenant 1]’s evidence, which I accept, is that the blocked pipe, located on the front lawn, was missing a cover, and he had informed the landlord during a routine inspection. The invoice notes that a new Buchan riser mushroom cap was installed, and the landlord accepts that the cap was missing. [The landlord’s representative] evidence is that the drainage contractor told him that the pipe ought to have had a cover. If the pipe had a cap on it, it is unlikely that the water bottle would have entered the pipe in the first place, causing the blockage. Therefore, the tenants cannot be held responsible for issues arising where the landlord has not attended to necessary repairs or maintenance. Particularly where these have been notified to the landlord.
Secondly, it is unclear how the bottle came to be in the pipe. [Tenant 1] has stated he does not know, although he acknowledges that it could have been put there by visiting children playing outside. I found his evidence to be credible.
Thirdly, the invoice indicates that, aside from the unblocking of the pipe, more extensive work was undertaken. The invoice records the scope of work as the “excavation and replacement of existing damaged SS pipework/removal of foreign object in drain.” The work is described as including cutting and removing a fault in the existing SS drainage, and replacement of faulty pipework with new pipes. Therefore, even if it was found that the tenants were responsible (and I have found that they are not) they cannot be held liable for the excavation and replacement of existing pipework. It is the landlord’s responsibility to attend to repairs and maintenance on the premises.
For the above reasons, the landlord’s claim is dismissed. Filing fee
As the landlord has had some success with its application, the tenant is to pay the landlord’s filing fee.

Tenancy Tribunal case 4888764 — Tenancy dispute

At a glance

Award balance

Tenancy Tribunal case 4888764 — Tenancy dispute

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

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Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Frequently asked questions