What was the outcome of Tenancy Tribunal case 5113453?

The tribunal order states: Lloyd Te'i Mata'afa and Le Toya Mata'afa must pay Rental Works Limited As

How much money was awarded in case 5113453?

Water Rates: $126.65 awarded to landlord

What type of tenancy dispute was case 5113453?

The dispute type was not classified.

Where can I read the official tribunal order for case 5113453?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11634740-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5113453?

The tribunal order states: Lloyd Te'i Mata'afa and Le Toya Mata'afa must pay Rental Works Limited As

How much money was awarded in case 5113453?

Water Rates: $126.65 awarded to landlord

What type of tenancy dispute was case 5113453?

The dispute type was not classified.

Where can I read the official tribunal order for case 5113453?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11634740-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 84 Luke Street East, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5113453 — Tenancy dispute

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Reasons

Claims and awards in Tenancy Tribunal application 5113453 — net $126.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$126.65	Water rates
Net award	$126.65
Total payable by Tenant to Landlord	$126.65

Both parties attended the hearing via remote teleconference.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

Before I consider the specific claims, I begin by noting that as with any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. In this case, as it is a landlord application, that means that it is for the landlord to establish their respective claims on “the balance of probabilities”. That means that they must establish that what they are claiming is more likely than not.

This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

How much is owed for water rates?

The tenancy ended on or about 19 November 2024. The landlord claims outstanding water charges of $197.00 based on a final water reading. The landlord has only provided a water rates invoice dated 17 October 2024 for $126.65. In the absence of further evidence confirming the amount sought I allow the claim but amend accordingly in accordance with the evidence filed with the application.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs. Cleaning, garden work and lawn mowing

The landlord claims compensation for cleaning, garden work and lawn mowing. Other than an invoice from Local Homes Services dated 6 December 2024, the landlord has not provided any evidence in support of these claims. At the very least I would have expected evidence in the form of entry and exit inspection reports with accompanying dated photographic evidence.

In the absence of such evidence, I cannot be satisfied that the tenants have breached their obligations in this regard at the conclusion of their tenancy.

The landlord has failed to provide any photographic evidence in support of their claims and accordingly the claims must be dismissed.

Is the tenant responsible for the damage to the premises?

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.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.

Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.

Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541. Replacement of back door handle, painting, and damage repair

The landlord claims compensation for a back door handle which had to be replaced. The only evidence provided in support of this claim is an invoice from Forbes Maintenance dated 13 December 2024. There is an absence of any photographic evidence in support of this claim.

The landlord also seeks compensation for painting in respect of 3 lounge walls, bedroom walls, lounge door, bedroom door and an entry door. An invoice from Value Construction Limited was the only evidence provided in support of this claim. As recorded earlier it is incumbent on an applicant to provide proper evidence in support of any claim. In the absence of such evidence it is impossible for the Tribunal to properly assess whether there has, or likely to have been a breach of obligations on the part of the tenants. The Tribunal has not been provided with entry and exit inspection reports and photographs of the alleged damage.

Accordingly, the claims in respect of lock replacement, painting and wall repairs must be dismissed.

Because the landlord has not wholly or substantially succeeded with their application I do not reimburse the filing fee.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act.

The landlord applied for a name suppression order. The landlord is not entitled to name suppression as the application has not been wholly or substantially successful.

Reasons

Claims and awards in Tenancy Tribunal application 5113453 — net $126.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$126.65	Water rates
Net award	$126.65
Total payable by Tenant to Landlord	$126.65

Both parties attended the hearing via remote teleconference.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

How much is owed for water rates?

Did the tenant comply with their obligations at the end of the tenancy?

In the absence of such evidence, I cannot be satisfied that the tenants have breached their obligations in this regard at the conclusion of their tenancy.

The landlord has failed to provide any photographic evidence in support of their claims and accordingly the claims must be dismissed.

Is the tenant responsible for the damage to the premises?

Accordingly, the claims in respect of lock replacement, painting and wall repairs must be dismissed.

Because the landlord has not wholly or substantially succeeded with their application I do not reimburse the filing fee.

The landlord applied for a name suppression order. The landlord is not entitled to name suppression as the application has not been wholly or substantially successful.

Tenancy Tribunal case 5113453 — Tenancy dispute at Unit/Flat 1, 84 Luke Street East, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 5113453 — Tenancy dispute at Unit/Flat 1, 84 Luke Street East, Otahuhu, Auckland 1062

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions