What was Tenancy Tribunal case 5076868 about?

The tribunal order states: The Tribunal orders suppression of both parties’ names and identifying details.

How much money was awarded in case 5076868?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $9,450.00 awarded to landlord; Leak: $152.00 awarded to landlord; Water Rates: $430.71 awarded to landlord

What type of tenancy dispute was case 5076868?

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

Where can I read the official tribunal order for case 5076868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11277001-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5076868 about?

The tribunal order states: The Tribunal orders suppression of both parties’ names and identifying details.

How much money was awarded in case 5076868?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $9,450.00 awarded to landlord; Leak: $152.00 awarded to landlord; Water Rates: $430.71 awarded to landlord

What type of tenancy dispute was case 5076868?

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

Where can I read the official tribunal order for case 5076868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11277001-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5076868 — Rent arrears

Claims and awards in Tenancy Tribunal application 5076868 — net $6,939.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14/1/25	$9,450.00	2. The landlord has applied for termination of the tenancy, rent arrears, water rates arrears, compensation and refund of the bond.
Water rates	$430.71	Water rates
Repairs: leak	$152.00	Repairs: leak
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,939.71
Total payable by Tenant to Landlord	$6,939.71

Order

The Tribunal orders suppression of both parties’ names and identifying details.
The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11:59pm on Tuesday 14 January 2025.
The Bond Centre is to pay the bond of $3,120.00 ([Bond number suppressed]) to [The landlord/s] immediately.
[The tenant/s] to pay [The landlord/s] $6,939.71 immediately, calculated as shown in the table below:
[The tenant/s] agree that the debt of $10,059.71 is to be paid in the following way: (i)The water rates are to be [Tenant 1]’s sole debt. (ii)The remainder of the debt is to be paid by them paying half each. (iii)The bond was paid by [Tenant 2] therefore it is to be applied to her share. (iv)The following is the way in which they agree to pay the debt: [Tenant 2] is to pay [The landlord/s] $1,694.50 immediately. [Tenant 1] is to pay [The landlord/s] $5,245.21 immediately.

Reasons

Both parties attended the hearing. [The landlord’s representative/s] represented the landlord.
The landlord has applied for termination of the tenancy, rent arrears, water rates arrears, compensation and refund of the bond.

Should the tenancy be terminated?

Rent was at least 21 days in arrears on the date the application was filed and is now well in excess of that. [Tenant 2] has moved out and [Tenant 1] cannot afford the rent on his own. Accordingly, the tenancy must be terminated. See section 55(1)(a) Residential Tenancies Act 1986 (RTA).

How much is owed for rent and water rates?

The tenancy is to end on 14 January 2025. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy. [Tenant 1] agrees to pay all the water rates himself as he has been residing at the property alone for some time.
[Tenant 2]’s evidence is that the owner of the property never provided her with rent records which is why she did not pay the debt earlier. She says that before [The Property Management Company] started managing the tenancy her requests to the owner for a rent ledger were ignored.
As advised at the hearing, given she has not made an application for redress on this matter and it does not affect the amount of arrears owing, I make no orders in this respect. I do however note section 29(3) of the RTA which states: On the written request of the tenant, the landlord shall also give to the tenant a written statement of the period to which any payment of rent relates.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for having to instruct a plumber to repair a leak. [The landlord’s representative/s] claims that the plumber advised them that the leak occurred as a result of an incorrect installation of the washing machine. He noticed the leak at an inspection as he was not advised of it by the tenants.
The plumber’s invoice states: Washing machine connection repairs due to poor installation Arrived on site Found that works that had been done had not been done correctly set up to under go works found that hot water feed to tap was capped off with no washer causing leak, extension hose was missing and not connected. Installed new extension. Capped off 20mm hot feed. And left extra cap with washer under super tub if needed to cap off cold in the future. Ran tests all okay no leaking occurred.
The tenants’ evidence is that the hose atrophied which was the cause of the leak and the hose was a fixture of the home. They therefore believe they should not be liable for the cost.
To be successful in such a claim, a landlord must prove that damage to the premises 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.
There is a conflict of evidence here, which is not uncommon in cases of this kind. The role of the Tribunal is to assess the evidence and determine whether allegations are established to the requisite standard, the civil standard of balance of probabilities. In other words, determine, based on the evidence, what is more likely than not.
Given the tenants did not notify the landlord of the leak, [The landlord’s representative/s] found it at an inspection, and the plumber’s evidence, I find it more likely than not that the leak occurred as a result of the way the machine was installed. The tenants did not dispute the invoice when it was provided to them, and the landlord was not advised earlier of [Tenant 1]’s view that the hose had failed. Accordingly, I find the tenants liable for this cost. Other orders
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.
Because a majority of this order was made with the consent of the tenants, it is appropriate that I direct that all party identifying details be suppressed from the published order.
Finally, the tenants have agreed to differing proportions of liability which I have noted in this order. To be clear they are as follows: a. [Tenant 1] is to pay [The landlord/s] $1,694.50 being half of the rent arrears, filing fee and compensation after the bond has been deducted. b. [Tenant 2] is to pay [The landlord/s] $5,245.21 being all of the water rates and half of the rent arrears, filing fee and compensation.

Claims and awards in Tenancy Tribunal application 5076868 — net $6,939.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14/1/25	$9,450.00	2. The landlord has applied for termination of the tenancy, rent arrears, water rates arrears, compensation and refund of the bond.
Water rates	$430.71	Water rates
Repairs: leak	$152.00	Repairs: leak
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,939.71
Total payable by Tenant to Landlord	$6,939.71

Order

The Tribunal orders suppression of both parties’ names and identifying details.
The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11:59pm on Tuesday 14 January 2025.
The Bond Centre is to pay the bond of $3,120.00 ([Bond number suppressed]) to [The landlord/s] immediately.
[The tenant/s] to pay [The landlord/s] $6,939.71 immediately, calculated as shown in the table below:
[The tenant/s] agree that the debt of $10,059.71 is to be paid in the following way: (i)The water rates are to be [Tenant 1]’s sole debt. (ii)The remainder of the debt is to be paid by them paying half each. (iii)The bond was paid by [Tenant 2] therefore it is to be applied to her share. (iv)The following is the way in which they agree to pay the debt: [Tenant 2] is to pay [The landlord/s] $1,694.50 immediately. [Tenant 1] is to pay [The landlord/s] $5,245.21 immediately.

Reasons

Both parties attended the hearing. [The landlord’s representative/s] represented the landlord.
The landlord has applied for termination of the tenancy, rent arrears, water rates arrears, compensation and refund of the bond.

Should the tenancy be terminated?

Rent was at least 21 days in arrears on the date the application was filed and is now well in excess of that. [Tenant 2] has moved out and [Tenant 1] cannot afford the rent on his own. Accordingly, the tenancy must be terminated. See section 55(1)(a) Residential Tenancies Act 1986 (RTA).

How much is owed for rent and water rates?

The tenancy is to end on 14 January 2025. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy. [Tenant 1] agrees to pay all the water rates himself as he has been residing at the property alone for some time.
[Tenant 2]’s evidence is that the owner of the property never provided her with rent records which is why she did not pay the debt earlier. She says that before [The Property Management Company] started managing the tenancy her requests to the owner for a rent ledger were ignored.
As advised at the hearing, given she has not made an application for redress on this matter and it does not affect the amount of arrears owing, I make no orders in this respect. I do however note section 29(3) of the RTA which states: On the written request of the tenant, the landlord shall also give to the tenant a written statement of the period to which any payment of rent relates.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for having to instruct a plumber to repair a leak. [The landlord’s representative/s] claims that the plumber advised them that the leak occurred as a result of an incorrect installation of the washing machine. He noticed the leak at an inspection as he was not advised of it by the tenants.
The plumber’s invoice states: Washing machine connection repairs due to poor installation Arrived on site Found that works that had been done had not been done correctly set up to under go works found that hot water feed to tap was capped off with no washer causing leak, extension hose was missing and not connected. Installed new extension. Capped off 20mm hot feed. And left extra cap with washer under super tub if needed to cap off cold in the future. Ran tests all okay no leaking occurred.
The tenants’ evidence is that the hose atrophied which was the cause of the leak and the hose was a fixture of the home. They therefore believe they should not be liable for the cost.
To be successful in such a claim, a landlord must prove that damage to the premises 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.
There is a conflict of evidence here, which is not uncommon in cases of this kind. The role of the Tribunal is to assess the evidence and determine whether allegations are established to the requisite standard, the civil standard of balance of probabilities. In other words, determine, based on the evidence, what is more likely than not.
Given the tenants did not notify the landlord of the leak, [The landlord’s representative/s] found it at an inspection, and the plumber’s evidence, I find it more likely than not that the leak occurred as a result of the way the machine was installed. The tenants did not dispute the invoice when it was provided to them, and the landlord was not advised earlier of [Tenant 1]’s view that the hose had failed. Accordingly, I find the tenants liable for this cost. Other orders
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.
Because a majority of this order was made with the consent of the tenants, it is appropriate that I direct that all party identifying details be suppressed from the published order.
Finally, the tenants have agreed to differing proportions of liability which I have noted in this order. To be clear they are as follows: a. [Tenant 1] is to pay [The landlord/s] $1,694.50 being half of the rent arrears, filing fee and compensation after the bond has been deducted. b. [Tenant 2] is to pay [The landlord/s] $5,245.21 being all of the water rates and half of the rent arrears, filing fee and compensation.

Tenancy Tribunal case 5076868 — Rent arrears

At a glance

Tenancy Tribunal case 5076868 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much is owed for rent and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much is owed for rent and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions