What was the outcome of Tenancy Tribunal case 4993571?

The tribunal order states: Amanda Mischewski must pay Te Kauwhata Auto & General Store Limited

How much money was awarded in case 4993571?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $12,164.29 awarded to landlord; Water Rates: $518.94 awarded to landlord

What type of tenancy dispute was case 4993571?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4993571?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11325269-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4993571?

The tribunal order states: Amanda Mischewski must pay Te Kauwhata Auto & General Store Limited

How much money was awarded in case 4993571?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $12,164.29 awarded to landlord; Water Rates: $518.94 awarded to landlord

What type of tenancy dispute was case 4993571?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4993571?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11325269-Tenancy_Tribunal_Order.pdf.

33 Main Road, Te Kauwhata 3710 Tenancy Tribunal Case 4993571 — Rent arrears

Claims and awards in Tenancy Tribunal application 4993571 — net $11,410.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15/11/2024	$12,164.29	Rent arrears to 15/11/2024
Water rates	$518.94	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$11,410.23
Total payable by Tenant to Landlord	$11,410.23

Order

Amanda Mischewski must pay Te Kauwhata Auto & General Store Limited $11,410.23 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,300.00 (5519348-004) to Te Kauwhata Auto & General Store Limited immediately.
The tenant’s application is dismissed.

Reasons

Both parties attended the hearing. The tenant attended in person. The landlord attended by telephone.
Both the landlord and tenant have made applications to the Tribunal.
The landlord seeks payment of rent and water rates owing.
The tenant applied for work orders to fix some maintenance issues at the house and questions whether one of the pages of the tenancy agreement has been added later by the landlord.
The tenancy had ended by the date of the hearing.
This tenancy began on 16 July 2023 and ended on 15 November 2024.
I now address each issue.

Has an extra page been added to the tenancy agreement?

There are certain legal requirements for what must be included in tenancy agreements. These are contained in sections 13 and 13A of the Residential Tenancies Act 1986 (RTA).
Agreements must be in writing, signed by both parties, contain full contact details for both parties, state the amount of rent and bond, how often this is to be paid and where, and list any chattels included.
Agreements must also contain separate statements signed by the landlord informing the tenant of:- a. The location, type, and condition of any insulation in ceilings, walls, floors. b. Insurance details including the amount of any excess, and that the tenant may ask for a copy of the policy. c. Healthy Homes Standards compliance.
This tenancy agreement does not appear to include any of the above statements. This is a breach of the Act and a landlord can be fined up to $750.00 for every breach.
The landlord says he will take steps to make sure he complies with these requirements in the future.
The tenant says that the landlord has included a page from the tenancy agreement in his evidence that she doesn’t remember. It is the page with the start date, both signatures, and extra terms handwritten in. She says these extra terms conflict with what the parties agreed about pets and the number of occupants allowed. She also says she doesn’t recognise the signature as hers.
It does seem that the landlord may not have sent the tenant a copy of this page when he sent the rest of the agreement to her. 1 1 The tenant supplied a copy of the landlord’s email to her on 20 July 2023 which attached only the front page, two property inspection report pages, and the signed bond lodgment form.
However, there is no other evidence to show that the page or the tenant’s signature is not genuine.
My decision is that the extra page is part of the tenancy agreement.

How much is owed for rent?

The landlord emailed an up to date rent summary during the hearing.
This shows the last payment of weekly rent of $650.00 was made on 24 July 2024. The tenant agrees this was the last rent payment she made.
The tenant said that she and the landlord completed the documents needed to set up a rent redirection from her benefit and that she thought this had been done.
She says she has recently found out that it was not done.
I have made an order for payment of rent arrears up to the last day of the tenancy which is $12,164.29.

How much is owed for water?

The landlord has provided two water invoices.
The first is for a period ending 7 March 2024 and is for usage totalling $183.67. 2
The second invoice is for a period ending 29 August 2024 and is for usage totalling $259.93.
I accept that these two invoices are for during this tenancy.
The tenant accepts she has not paid these invoices. She said she wasn’t sent the invoices.
She also asks if she must pay for water if the extra page was added to the tenancy agreement later. I have already decided that the extra page is probably genuine. It includes a clause saying the tenant pays for water and electricity.
Also, it is usual practice that a tenant pays water bills when there is a separate meter for the water.
The landlord does need to take more care with his documentation and make sure that a tenant is given a copy of all pages of the signed tenancy agreement.
I award the amount owing for the two water invoices. 2 The invoice amount due is $240.62 but the invoice

Were there maintenance or healthy homes compliance issues?

The tenant was living at the house when she made her application to the Tribunal, and she applied for orders to fix certain things.
I explained at the start of the hearing that I will not make work orders when a tenancy has finished. This is because it is up to the landlord to make sure the house is maintained and compliant for any new tenant. It is the new tenant who must apply to the Tribunal if they are not satisfied with the house.
I asked Amanda Mischewski if she was seeking compensation and she replied that she was not. She said she just wanted to explain the situation and how the rent arrears came about.
I did allow the tenant to email some photographs during the hearing. She said there was mould in one bedroom, gaps around the doors and some windows, broken latches on some windows so they couldn’t be opened and closed properly, and that the fireplace couldn’t be used.
The photographs do not show any significant maintenance issues. There may be a small patch of mould and what looks like one mushroom or some type of fungi on or near one corner of carpet. This is not enough on its own to show a big problem. The tenant says the shower silicon was failing and may be leaking through to that room. I suggest the landlord checks the shower sealing.
The landlord said it is true that it was discovered during the tenancy that the fireplace should not be used (the contractor who cleaned the chimney made this assessment). He said a heatpump was installed into the living room prior to the tenancy starting.
Again, I remind the landlord to fully complete the required Healthy Homes Statements in his tenancy agreements. This requires a landlord to certify that heating is sufficient for the size of the room, and check insulation, for unreasonable gaps and draughts, as well as the other requirements.
The tenant’s claim is dismissed.
The landlord is awarded the filing fee. It does not seek suppression of name.
The tenant asked about a repayment plan. I suggested she start making payments to the landlord and he may accept these. N Maplesden, 24 January 2025

Claims and awards in Tenancy Tribunal application 4993571 — net $11,410.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15/11/2024	$12,164.29	Rent arrears to 15/11/2024
Water rates	$518.94	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$11,410.23
Total payable by Tenant to Landlord	$11,410.23

Order

Amanda Mischewski must pay Te Kauwhata Auto & General Store Limited $11,410.23 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,300.00 (5519348-004) to Te Kauwhata Auto & General Store Limited immediately.
The tenant’s application is dismissed.

Reasons

Both parties attended the hearing. The tenant attended in person. The landlord attended by telephone.
Both the landlord and tenant have made applications to the Tribunal.
The landlord seeks payment of rent and water rates owing.
The tenant applied for work orders to fix some maintenance issues at the house and questions whether one of the pages of the tenancy agreement has been added later by the landlord.
The tenancy had ended by the date of the hearing.
This tenancy began on 16 July 2023 and ended on 15 November 2024.
I now address each issue.

Has an extra page been added to the tenancy agreement?

There are certain legal requirements for what must be included in tenancy agreements. These are contained in sections 13 and 13A of the Residential Tenancies Act 1986 (RTA).
Agreements must be in writing, signed by both parties, contain full contact details for both parties, state the amount of rent and bond, how often this is to be paid and where, and list any chattels included.
Agreements must also contain separate statements signed by the landlord informing the tenant of:- a. The location, type, and condition of any insulation in ceilings, walls, floors. b. Insurance details including the amount of any excess, and that the tenant may ask for a copy of the policy. c. Healthy Homes Standards compliance.
This tenancy agreement does not appear to include any of the above statements. This is a breach of the Act and a landlord can be fined up to $750.00 for every breach.
The landlord says he will take steps to make sure he complies with these requirements in the future.
The tenant says that the landlord has included a page from the tenancy agreement in his evidence that she doesn’t remember. It is the page with the start date, both signatures, and extra terms handwritten in. She says these extra terms conflict with what the parties agreed about pets and the number of occupants allowed. She also says she doesn’t recognise the signature as hers.
It does seem that the landlord may not have sent the tenant a copy of this page when he sent the rest of the agreement to her. 1 1 The tenant supplied a copy of the landlord’s email to her on 20 July 2023 which attached only the front page, two property inspection report pages, and the signed bond lodgment form.
However, there is no other evidence to show that the page or the tenant’s signature is not genuine.
My decision is that the extra page is part of the tenancy agreement.

How much is owed for rent?

The landlord emailed an up to date rent summary during the hearing.
This shows the last payment of weekly rent of $650.00 was made on 24 July 2024. The tenant agrees this was the last rent payment she made.
The tenant said that she and the landlord completed the documents needed to set up a rent redirection from her benefit and that she thought this had been done.
She says she has recently found out that it was not done.
I have made an order for payment of rent arrears up to the last day of the tenancy which is $12,164.29.

How much is owed for water?

The landlord has provided two water invoices.
The first is for a period ending 7 March 2024 and is for usage totalling $183.67. 2
The second invoice is for a period ending 29 August 2024 and is for usage totalling $259.93.
I accept that these two invoices are for during this tenancy.
The tenant accepts she has not paid these invoices. She said she wasn’t sent the invoices.
She also asks if she must pay for water if the extra page was added to the tenancy agreement later. I have already decided that the extra page is probably genuine. It includes a clause saying the tenant pays for water and electricity.
Also, it is usual practice that a tenant pays water bills when there is a separate meter for the water.
The landlord does need to take more care with his documentation and make sure that a tenant is given a copy of all pages of the signed tenancy agreement.
I award the amount owing for the two water invoices. 2 The invoice amount due is $240.62 but the invoice

Were there maintenance or healthy homes compliance issues?

The tenant was living at the house when she made her application to the Tribunal, and she applied for orders to fix certain things.
I explained at the start of the hearing that I will not make work orders when a tenancy has finished. This is because it is up to the landlord to make sure the house is maintained and compliant for any new tenant. It is the new tenant who must apply to the Tribunal if they are not satisfied with the house.
I asked Amanda Mischewski if she was seeking compensation and she replied that she was not. She said she just wanted to explain the situation and how the rent arrears came about.
I did allow the tenant to email some photographs during the hearing. She said there was mould in one bedroom, gaps around the doors and some windows, broken latches on some windows so they couldn’t be opened and closed properly, and that the fireplace couldn’t be used.
The photographs do not show any significant maintenance issues. There may be a small patch of mould and what looks like one mushroom or some type of fungi on or near one corner of carpet. This is not enough on its own to show a big problem. The tenant says the shower silicon was failing and may be leaking through to that room. I suggest the landlord checks the shower sealing.
The landlord said it is true that it was discovered during the tenancy that the fireplace should not be used (the contractor who cleaned the chimney made this assessment). He said a heatpump was installed into the living room prior to the tenancy starting.
Again, I remind the landlord to fully complete the required Healthy Homes Statements in his tenancy agreements. This requires a landlord to certify that heating is sufficient for the size of the room, and check insulation, for unreasonable gaps and draughts, as well as the other requirements.
The tenant’s claim is dismissed.
The landlord is awarded the filing fee. It does not seek suppression of name.
The tenant asked about a repayment plan. I suggested she start making payments to the landlord and he may accept these. N Maplesden, 24 January 2025

Tenancy Tribunal case 4993571 — Rent arrears at 33 Main Road, Te Kauwhata 3710

At a glance

Tenancy Tribunal case 4993571 — Rent arrears at 33 Main Road, Te Kauwhata 3710

At a glance

Award balance

Claims & awards

Order

Reasons

Has an extra page been added to the tenancy agreement?

How much is owed for rent?

How much is owed for water?

Were there maintenance or healthy homes compliance issues?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Has an extra page been added to the tenancy agreement?

How much is owed for rent?

How much is owed for water?

Were there maintenance or healthy homes compliance issues?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions