What was Tenancy Tribunal case 5332439 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $2,158.00 immediately,

How much money was awarded in case 5332439?

Filing Fee: $28.00 awarded to landlord; Loans (By Consent: $630.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; Rent Arrears: $1,200.00 awarded to landlord

What type of tenancy dispute was case 5332439?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5332439?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12790274-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5332439 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $2,158.00 immediately,

How much money was awarded in case 5332439?

Filing Fee: $28.00 awarded to landlord; Loans (By Consent: $630.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; Rent Arrears: $1,200.00 awarded to landlord

What type of tenancy dispute was case 5332439?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5332439?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12790274-Tenancy_Tribunal_Order.pdf.

Unit/Flat B, 78 Panama Road, Mount Wellington, Auckland Tenancy Tribunal Case 5332439 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5332439 — net $2,158.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 February 2025	$1,200.00	Rent arrears to 16 February 2025
Damages to wall and carpet	$300.00	Damages to wall and carpet
Loans (by consent	$630.00	Loans (by consent
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,158.00
Total payable by Tenant to Landlord	$2,158.00

Both parties attended the hearing.

The landlord has applied for rent arrears, damages, unpaid utilities, and loans following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 16 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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.

The landlord is seeking $300.00 for damage to a wall and carpet.

This claim is not disputed by the tenant so I award $300.00 to the landlord.

Is the tenant liable for unpaid utilities?

The landlord is seeking compensation for alleged unpaid utilities.

By virtue of section 39 of the Residential Tenancies Act 1986 (RTA), tenants are responsible for all outgoings in respect of the premises that are exclusively attributable to the tenants’ occupation of the premises or the tenants’ use of the facilities.

Therefore, the intention of the Act is clear that tenants are only liable for utilities they actually use.

In this case, the tenancy agreement provided that the tenant was to pay electricity, water and internet equally shared with the other occupants.

Under section 11(1) RTA, any agreement or arrangement that is inconsistent with any provisions of the Act is of no effect unless it falls within the narrowly defined exceptions which I am satisfied do not apply in this case. The shared agreement for utilities is inconsistent with section 39 RTA Act and accordingly is of no effect (s.11(3) RTA). Subsections (2) and (3) of section 11 RTA presuppose that tenants are in an unequal bargaining position when negotiating with landlords. They allow landlords to contract out of the terms of the Act to their detriment but not tenants.

The tenant’s obligation to pay for outgoings based on usage presupposes their usage can be accurately measured. There is no way of accurately calculating the tenant’s share of the utilities as there was no separate meter or check meter to accurately measure individual use. The landlord did not provide any bills to substantiate his claim in any event.

This part of the claim is dismissed.

Is the tenant liable for loans?

The landlord says he made personal loans totalling $630.00 to the tenant and this has not been repaid.

Although this appears to be a commercial type agreement, the tenant agrees that he owes the landlord $630.00 so I make an order by consent.

Because [The landlord/s] has substantially succeeded with the claim, the tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5332439 — net $2,158.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 February 2025	$1,200.00	Rent arrears to 16 February 2025
Damages to wall and carpet	$300.00	Damages to wall and carpet
Loans (by consent	$630.00	Loans (by consent
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,158.00
Total payable by Tenant to Landlord	$2,158.00

Order

[The tenant/s] must pay [The landlord/s] $2,158.00 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, damages, unpaid utilities, and loans following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 16 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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.
The landlord is seeking $300.00 for damage to a wall and carpet.
This claim is not disputed by the tenant so I award $300.00 to the landlord.

Is the tenant liable for unpaid utilities?

The landlord is seeking compensation for alleged unpaid utilities.
By virtue of section 39 of the Residential Tenancies Act 1986 (RTA), tenants are responsible for all outgoings in respect of the premises that are exclusively attributable to the tenants’ occupation of the premises or the tenants’ use of the facilities.
Therefore, the intention of the Act is clear that tenants are only liable for utilities they actually use.
In this case, the tenancy agreement provided that the tenant was to pay electricity, water and internet equally shared with the other occupants.
Under section 11(1) RTA, any agreement or arrangement that is inconsistent with any provisions of the Act is of no effect unless it falls within the narrowly defined exceptions which I am satisfied do not apply in this case. The shared agreement for utilities is inconsistent with section 39 RTA Act and accordingly is of no effect (s.11(3) RTA). Subsections (2) and (3) of section 11 RTA presuppose that tenants are in an unequal bargaining position when negotiating with landlords. They allow landlords to contract out of the terms of the Act to their detriment but not tenants.
The tenant’s obligation to pay for outgoings based on usage presupposes their usage can be accurately measured. There is no way of accurately calculating the tenant’s share of the utilities as there was no separate meter or check meter to accurately measure individual use. The landlord did not provide any bills to substantiate his claim in any event.
This part of the claim is dismissed.

Is the tenant liable for loans?

The landlord says he made personal loans totalling $630.00 to the tenant and this has not been repaid.
Although this appears to be a commercial type agreement, the tenant agrees that he owes the landlord $630.00 so I make an order by consent.
Because [The landlord/s] has substantially succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 5332439 — Rent arrears at Unit/Flat B, 78 Panama Road, Mount Wellington, Auckland

At a glance

Tenancy Tribunal case 5332439 — Rent arrears at Unit/Flat B, 78 Panama Road, Mount Wellington, Auckland

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Is the tenant liable for unpaid utilities?

Is the tenant liable for loans?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Is the tenant liable for unpaid utilities?

Is the tenant liable for loans?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions