How much money was awarded in case 4985196?

Case, And The Tribunal Orders Suppre…: $101.66 awarded to landlord

What type of tenancy dispute was case 4985196?

The dispute type was not classified.

Where can I read the official tribunal order for case 4985196?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11447348-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4985196?

Case, And The Tribunal Orders Suppre…: $101.66 awarded to landlord

What type of tenancy dispute was case 4985196?

The dispute type was not classified.

Where can I read the official tribunal order for case 4985196?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11447348-Tribunal_Order_Redacted.pdf.

Unit 103, 97 Porchester Road, Papakura 2110 Tenancy Tribunal Case 4985196 — Tenancy dispute

Q: What was Tenancy Tribunal case 4985196 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4985196 — net $101.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
case, and the Tribunal orders suppression of the Tenant name and identifying details. 2. [The tenant/s] to pay Kāhui Tū	$101.66	case, and the Tribunal orders suppression of the Tenant name and identifying details. 2. [The tenant/s] to pay Kāhui T
Net award	$101.66
Bond	$248.00
Total payable by Tenant to Landlord	$101.66

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.

[The tenant/s] to pay Kāhui Tū Kaha Limited $101.66 from the bond, for water rates.

The Bond Centre is to pay the bond of $248.00 ([Bond number suppressed]) immediately apportioned as follows: Kāhui Tū Kaha Limited: $101.66 [The tenant/s]: $146.34

Reasons

Both parties attended the telephone/video hearing.

The landlord has applied for compensation for costs after the end of the tenancy.

The tenant disputes the claims.

The landlord notified the Tribunal after the hearing that its claims for compensation for cleaning and disposal of belongings are withdrawn. Water rates

The landlord seeks payment of water bills. The tenant says that he was not told at the start of the tenancy (December 2021) that he would be charged for water and did not receive a bill until much later in the tenancy. He says it is unfair to charge him a large amount all at once.

After considering the landlord’s evidence and the tenant’s submissions, my decisions are:- a. A tenant is liable to pay for water usage if it is separately metered. See section 39(4) Residential Tenancies Act 1986 (RTA). b. However, previous Tribunal and District Court decisions have emphasised that a landlord must send invoices regularly so that a tenant can budget for the payments. c. The water ledger supplied by the landlord shows the tenant was not sent an invoice for water until May 2023 and that this was for 6 months of water usage from 25 August 2022 until 22 February 2023. The first invoice is for $46.23 and the second invoice for $231.17 and the landlord could not explain why there was such a large difference between the two bills. d. I dismiss the claim for payment of the first two invoices because they were sent many months after the usage and because it is unknown why there is such a difference between the two bills. There may have been a water leak. A tenant is not liable for water loss caused by a leak. e. The water ledger then shows monthly invoices being regularly recorded from January 2024 until June 2024. I award these amounts because the tenant had fair notice by this time that water was charged and could budget for it. f. The invoices are for $6.76 (December 2023), $37.96 (January 2024), $18.98 (February 2024), $18.98 (March 2024), $18.98 (April 2024). This is a total of $101.66. Other claims

The landlord seeks compensation for costs to reattach the toilet roll holder, towel rail and a rail in a wardrobe, and to patch paint some of the walls.

To be successful in a claim for repair costs, a landlord must prove that the damage occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.

Fair wear and tear can be described as anything that would happen as a normal and ordinary part of living in a property.

My decision is that the landlord has not proven that any of the damage is more than fair wear and tear:- a. The toilet roll holder was slightly pulled away from the wall. This can happen with normal use. b. The towel rail had come off but the photos show it is a lightweight type. The tenant said it was glued and not screwed together. c. The wardrobe rail had come out of an MDF cabinet. Again, this can happen from normal use. d. The landlord was unsure which power point was fixed so this is unclear. e. The marks on the two walls in the photos are normal scuffs.

These claims are dismissed. Filing fee and suppression of name

The landlord has not been substantially successful, so I do not award the filing fee.

I suppress the tenant’s name as he has been successful in defending nearly all the claims.

The bond is split between the parties.

Claims and awards in Tenancy Tribunal application 4985196 — net $101.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
case, and the Tribunal orders suppression of the Tenant name and identifying details. 2. [The tenant/s] to pay Kāhui Tū	$101.66	case, and the Tribunal orders suppression of the Tenant name and identifying details. 2. [The tenant/s] to pay Kāhui T
Net award	$101.66
Bond	$248.00
Total payable by Tenant to Landlord	$101.66

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
[The tenant/s] to pay Kāhui Tū Kaha Limited $101.66 from the bond, for water rates.
The Bond Centre is to pay the bond of $248.00 ([Bond number suppressed]) immediately apportioned as follows: Kāhui Tū Kaha Limited: $101.66 [The tenant/s]: $146.34

Reasons

Both parties attended the telephone/video hearing.
The landlord has applied for compensation for costs after the end of the tenancy.
The tenant disputes the claims.
The landlord notified the Tribunal after the hearing that its claims for compensation for cleaning and disposal of belongings are withdrawn. Water rates
The landlord seeks payment of water bills. The tenant says that he was not told at the start of the tenancy (December 2021) that he would be charged for water and did not receive a bill until much later in the tenancy. He says it is unfair to charge him a large amount all at once.
After considering the landlord’s evidence and the tenant’s submissions, my decisions are:- a. A tenant is liable to pay for water usage if it is separately metered. See section 39(4) Residential Tenancies Act 1986 (RTA). b. However, previous Tribunal and District Court decisions have emphasised that a landlord must send invoices regularly so that a tenant can budget for the payments. c. The water ledger supplied by the landlord shows the tenant was not sent an invoice for water until May 2023 and that this was for 6 months of water usage from 25 August 2022 until 22 February 2023. The first invoice is for $46.23 and the second invoice for $231.17 and the landlord could not explain why there was such a large difference between the two bills. d. I dismiss the claim for payment of the first two invoices because they were sent many months after the usage and because it is unknown why there is such a difference between the two bills. There may have been a water leak. A tenant is not liable for water loss caused by a leak. e. The water ledger then shows monthly invoices being regularly recorded from January 2024 until June 2024. I award these amounts because the tenant had fair notice by this time that water was charged and could budget for it. f. The invoices are for $6.76 (December 2023), $37.96 (January 2024), $18.98 (February 2024), $18.98 (March 2024), $18.98 (April 2024). This is a total of $101.66. Other claims
The landlord seeks compensation for costs to reattach the toilet roll holder, towel rail and a rail in a wardrobe, and to patch paint some of the walls.
To be successful in a claim for repair costs, a landlord must prove that the damage occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Fair wear and tear can be described as anything that would happen as a normal and ordinary part of living in a property.
My decision is that the landlord has not proven that any of the damage is more than fair wear and tear:- a. The toilet roll holder was slightly pulled away from the wall. This can happen with normal use. b. The towel rail had come off but the photos show it is a lightweight type. The tenant said it was glued and not screwed together. c. The wardrobe rail had come out of an MDF cabinet. Again, this can happen from normal use. d. The landlord was unsure which power point was fixed so this is unclear. e. The marks on the two walls in the photos are normal scuffs.
These claims are dismissed. Filing fee and suppression of name
The landlord has not been substantially successful, so I do not award the filing fee.
I suppress the tenant’s name as he has been successful in defending nearly all the claims.
The bond is split between the parties.

Tenancy Tribunal case 4985196 — Tenancy dispute at Unit 103, 97 Porchester Road, Papakura 2110

At a glance

Tenancy Tribunal case 4985196 — Tenancy dispute at Unit 103, 97 Porchester Road, Papakura 2110

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions