Published tribunal order
Tenancy Tribunal case 4930661 — Rent arrears at 13 Bei Road, Papakura, Papakura 2110
Decided 6 Sept 2024 · Published 6 Sept 2024 · Application 4930661
- Rent arrears
Party names are redacted in the official published order.
Order
- Mia Roslyn Mauri-ora Tata must pay [The landlord/s] $3,794.34 immediately, as calculated in the table below.
Reasons
- Both parties attended the hearing.
- The landlord has applied for rent arrears, outstanding water rates and reimbursement of the filing fee.
- The landlord must prove each claim to the civil law standard of proof, on the balance of probabilities. Rent arrears
- The landlord provided a rent summary, which proves the amount owing at the date of the hearing on 3 September 2024. Rent arrears totalled $1,405.71 on this date. I find that the landlord has proven this claim and order the tenant to pay rent arrears of $1,405.71. Water rates
- The landlord provided invoices from Veolia Water Services (ANZ) Pty Ltd (Veolia). Details of these invoices are recorded below: a. 25/05/2023: $1,271.42 (landlord only sought $1,109.61) b. 22/06/2023: $283.18 c. 21/07/2023: $1,113.46 d. 22/08/2023: $310.04 e. 26/09/2023: $1,423.67 f. 17/11/2023: $449.25 g. 22/11/2023: $0.00 h. 19/12/2023: $246.77 i. 22/01/2024: $259.43 j. 21/02/2024: $278.41 k. 22/03/2024: $56.94 l. 22/04/2024: $164.51 m. 22/05/2024: $360.66 n. 22/06/2024: $329.02
- The landlord sought an order for $5,117.04 for outstanding water rates.
- The tenancy began on 24 March 2023. At the beginning of the tenancy, the tenant advised the Tribunal that the landlord sent her a water invoice dated 3 April 2023 for the period 29/12/2022 – 16/03/2023 for $641.49. The tenant advised the landlord that the water used during this period was before her tenancy began. The landlord agreed and did not pursue the tenant for payment. I do not think the landlord purposely and deceptively sent this invoice to the tenant. It was most likely the result of an administrative error and oversight. Unfortunately, however, it has had the effect of creating a sense of distrust with the tenant regarding water invoices sent to them by the landlord. This distrust grew when the tenant received her first water invoice on 25 May 2023 for a high amount of $1,109.61.
- The tenant did not pay the invoice dated 25 May 2023 and has not paid any water invoices since the tenancy began. Instead, from 19 June 2024 – 28 August 2024, the tenant has made payments of differing amounts directly to Veolia. The tenant advised that she has done this because the water invoices sent to her by the landlord seemed very high compared to other water invoices she has received at other rental properties. The sums paid by the tenant to Veolia have been estimates of water the tenant believes she and her children have consumed. In total, the tenant has paid $975.01 to Veolia. The landlord agrees that this figure should be deducted from the total water rates owed by the tenant.
- On 26 September 2023, the tenant received a third, very high water invoice and alerted her landlord to concerns about a leak. The landlord immediately sent a plumber to the property who confirmed there was a leak. The leak was fixed by the plumber. The landlord did not suggest the tenant caused the leak and Veolia granted the landlord a leak allowance of $1,469.31. This suggests that Veolia assumed some responsibility for the leak.
- Section 39(3) of the Residential Tenancies Act 1986 states that 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. Water consumed due to a leak that the tenant did not cause is not exclusively attributable to the tenant’s occupation. Therefore, in respect of the water invoices issued between 25/05/2023 and 26/09/2023 when the leak was present, the tenant is only required to pay for water consumed by her and not the result of the leak.
- I need to estimate the tenant’s actual consumption of water between 25/05/2023 and 26/09/2023. I have done this by calculating the total amount due across nine water invoices issued after the leak was fixed from 17/11/2023 – 22/06/2024. Details of these invoices are listed below: a. 17/11/2023: $449.25 b. 22/11/2023: $0.00 c. 19/12/2023: $246.77 d. 22/01/2024: $259.43 e. 21/02/2024: $278.41 f. 22/03/2024: $56.94 g. 22/04/2024: $164.51 h. 22/05/2024: $360.66 i. 22/06/2024: $329.02
- The result is a total of $2,144.99. I have divided this figure by nine, which gives a monthly average of $238.33. I have applied $238.33 to the invoices issued between 25/05/2023 – 26/09/2023 to determine the tenant’s water usage during this period.
- Applying the above, the total amount due across all invoices is $3,336.64. I have deducted the tenant’s payment of $975.01 to Veolia from this figure.
- Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.