What was Tenancy Tribunal case 5167934 about?

The tribunal order states: The Bond Centre is to pay $869.12 from the bond of $2,760.00 (6526763-005)

How much money was awarded in case 5167934?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $640.71 awarded to landlord; Water Rates: $201.41 awarded to landlord

What type of tenancy dispute was case 5167934?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5167934?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11690386-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5167934 about?

The tribunal order states: The Bond Centre is to pay $869.12 from the bond of $2,760.00 (6526763-005)

How much money was awarded in case 5167934?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $640.71 awarded to landlord; Water Rates: $201.41 awarded to landlord

What type of tenancy dispute was case 5167934?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5167934?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11690386-Tenancy_Tribunal_Order.pdf.

14 Tukari Lane, Mangere Bridge, Auckland 2022 Tenancy Tribunal Case 5167934 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5167934 — net $869.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$640.71	Rent arrears
Water rates	$201.41	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$869.12
Bond	$869.12
Total payable by Tenant to Landlord	$869.12

The Bond Centre is to pay $869.12 from the bond of $2,760.00 (6526763-005) to Oaks Property Management Limited As Agents For Murphy & Fielding Holdings Ltd. immediately. DescriptionLandlord Rent arrears$640.71 Water rates$201.41 Filing fee reimbursement$27.00 Total award$869.12 Bond$869.12

The balance of the bond of $1,890.88 is to remain at the Bond Centre.

The landlord’s claim for an early termination fee is dismissed.

Reasons

A representative of the landlord attended the hearing.

The tenant did not attend by the video link provided in the Notice of Hearing and did not answer a call to his mobile made during the hearing.

The landlord had applied for termination of the tenancy and rent arrears. Before the hearing, the tenancy ended by agreement and the landlord amended its claim to include an early termination fee.

It is disingenuous for a landlord to apply for termination and then seek to recover an early termination fee. A landlord may recover expenses incurred in respect to an assignment, a subletting, parting with possession or termination under Section 50(1)(d). A landlord must provide an itemised account to the tenant before seeking to recover any such expenses. The landlord did not provide evidence of an itemised account being sent to the tenant, rather it showed a sample email which it says is the same as would have been sent to the tenant. The invoice sent to the tenant was not itemised.

The landlord has the onus of proving its claims and has not established that it is entitled to recover costs for the early termination of this tenancy. That part of the claim is dismissed.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing. I award the amount claimed of $640.71 to 3 March 2025.

The landlord also claimed water rates. A tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to their occupation of the premises or to their use of the facilities (see s 39(3) RTA). Therefore, tenants are only liable for the electricity, gas, telephone and internet they use, and for water charges based on consumption (s 39(4) RTA). They are not liable for fixed water charges.

The landlord’s claim included fixed water charges. When those costs are removed, and the claim is based solely on consumption/usage the amount owing is $201.41 to the end of the tenancy. I have made an order accordingly.

The landlord attempted to raise other matters at the hearing. The landlord’s representative submitted other documents relating to this tenancy yesterday but had not advised Tenancy Services or the Tribunal that it wished to amend the application. Hearing time is scheduled by reference to the matters stated in the application. The other party is entitled to be informed of the claims against it.

It is not enough for a party to add additional documents to a file the day before the hearing and attempt to amend its claim at the hearing. Proper notice must be given of what is being claimed. I declined to amend the landlord’s claim.

As the landlord was partially successful, I have awarded reimbursement of the Tribunal application fee. I do not consider that the landlord was substantially successful, so have not granted its request for suppression.

Claims and awards in Tenancy Tribunal application 5167934 — net $869.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$640.71	Rent arrears
Water rates	$201.41	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$869.12
Bond	$869.12
Total payable by Tenant to Landlord	$869.12

Order

The Bond Centre is to pay $869.12 from the bond of $2,760.00 (6526763-005) to Oaks Property Management Limited As Agents For Murphy & Fielding Holdings Ltd. immediately. DescriptionLandlord Rent arrears$640.71 Water rates$201.41 Filing fee reimbursement$27.00 Total award$869.12 Bond$869.12
The balance of the bond of $1,890.88 is to remain at the Bond Centre.
The landlord’s claim for an early termination fee is dismissed.

Reasons

A representative of the landlord attended the hearing.
The tenant did not attend by the video link provided in the Notice of Hearing and did not answer a call to his mobile made during the hearing.
The landlord had applied for termination of the tenancy and rent arrears. Before the hearing, the tenancy ended by agreement and the landlord amended its claim to include an early termination fee.
It is disingenuous for a landlord to apply for termination and then seek to recover an early termination fee. A landlord may recover expenses incurred in respect to an assignment, a subletting, parting with possession or termination under Section 50(1)(d). A landlord must provide an itemised account to the tenant before seeking to recover any such expenses. The landlord did not provide evidence of an itemised account being sent to the tenant, rather it showed a sample email which it says is the same as would have been sent to the tenant. The invoice sent to the tenant was not itemised.
The landlord has the onus of proving its claims and has not established that it is entitled to recover costs for the early termination of this tenancy. That part of the claim is dismissed.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing. I award the amount claimed of $640.71 to 3 March 2025.
The landlord also claimed water rates. A tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to their occupation of the premises or to their use of the facilities (see s 39(3) RTA). Therefore, tenants are only liable for the electricity, gas, telephone and internet they use, and for water charges based on consumption (s 39(4) RTA). They are not liable for fixed water charges.
The landlord’s claim included fixed water charges. When those costs are removed, and the claim is based solely on consumption/usage the amount owing is $201.41 to the end of the tenancy. I have made an order accordingly.
The landlord attempted to raise other matters at the hearing. The landlord’s representative submitted other documents relating to this tenancy yesterday but had not advised Tenancy Services or the Tribunal that it wished to amend the application. Hearing time is scheduled by reference to the matters stated in the application. The other party is entitled to be informed of the claims against it.
It is not enough for a party to add additional documents to a file the day before the hearing and attempt to amend its claim at the hearing. Proper notice must be given of what is being claimed. I declined to amend the landlord’s claim.
As the landlord was partially successful, I have awarded reimbursement of the Tribunal application fee. I do not consider that the landlord was substantially successful, so have not granted its request for suppression.

Tenancy Tribunal case 5167934 — Rent arrears at 14 Tukari Lane, Mangere Bridge, Auckland 2022

At a glance

Tenancy Tribunal case 5167934 — Rent arrears at 14 Tukari Lane, Mangere Bridge, Auckland 2022

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions