How much money was awarded in case 5392563?

Break Lease Fee: $782.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $253.00 awarded to landlord; Rent Arrears: $1,360.00 awarded to landlord; Water Rates: $97.77 awarded to landlord

What type of tenancy dispute was case 5392563?

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

Where can I read the official tribunal order for case 5392563?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13579167-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5392563?

Break Lease Fee: $782.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $253.00 awarded to landlord; Rent Arrears: $1,360.00 awarded to landlord; Water Rates: $97.77 awarded to landlord

What type of tenancy dispute was case 5392563?

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

Where can I read the official tribunal order for case 5392563?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13579167-Tribunal_Order_Redacted.pdf.

Unit/Flat 1, 38 May Road, Wesley, Auckland 1041 Tenancy Tribunal Case 5392563 — Rent arrears

Q: What was Tenancy Tribunal case 5392563 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5392563. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 October 2025	$1,360.00	Rent arrears to 24 October 2025
Window repairs	$253.00	Window repairs
Water rates	$97.77	Water rates
Break lease fee	$782.00	Break lease fee
Filing fee reimbursement	$28.00	Filing fee reimbursement

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

The Bond Centre is to pay the bond of $2,720.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $2,520.77 Aljaber Khaled and Alfnikh Wesal: $199.23

Reasons

Both parties attended the hearing. The landlord had the assistance of a Mandarin interpreter. The tenant had the assistance of an Arabic interpreter.

The tenancy began on 12 May 2025 and ended on 24 October 2025.

This property management company took over management of this tenancy from 11 July 2025. On 7 July 2025 the landlord emailed the tenant advising of the change but did not provide the bank account for rent payments until a later date.

The tenant instructed WINZ to pay the new property management company but there is no evidence of when that occurred. The tenant produced evidence that WINZ paid $680.00 to the former property management company on 23 July 2025. That amount does not appear on the previous rent summary, but it seems that that amount cleared the tenant’s arrears with the former property management company and then they refunded him the balance.

The tenant has missed two rent payments to this property management company because there were no payments made on 19 July 2025 and 18 October 2025 when rent was due. All other payments made were accounted for.

From the evidence produced I am satisfied that the tenant owes $1,360.00 for rent arrears being two weeks rent.

Prior to the hearing the parties agreed to the costs for glass replacement and a fee for ending the fixed term tenancy early. Those amounts are awarded.

The remaining issue is the water rates invoices. The landlord seeks water rates of $841.86. Those water rates are for the period from 8 July 2025 until 24 October 2025.

At the hearing the landlord advised that three water rates invoices (August, September and October 2025) were sent to the tenant on 5 November 2025. That was after the tenancy ended. The due date for those invoices was before the date that the invoices were provided to the tenant. The law

Section 39 of the Residential Tenancies Act 1986 (“RTA”) is the relevant section with respect to outgoings: (1) The landlord is responsible for all outgoings in respect of the premises that— (a) are incurred whether or not the premises are occupied; and are incurred for common facilities.... (3) The tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities. (4) Without limiting the generality of subsection (3), the tenant is responsible for the following charges, incurred during the tenancy, in respect of the premises:... (c) supply of water if the water supplier charges for water provided to the premises on the basis of consumption.

The tenants have the obligation to pay for their water usage. However, there is a corresponding implied obligation on a landlord to advise the tenant of the costs clearly and within a reasonable time frame. A tenant must be provided with the actual provider invoices and be able to clearly identify what is their usage. This has been detailed in precedent by the District Court which the Tenancy Tribunal is bound to follow, as discussed below.

Firstly, the case of Braganza v Saia (DC) CIV-2010-004-2024. In respect to the issue of a landlord's obligation to render water accounts promptly, the Judge held: "It is plainly incumbent on a landlord to set out with clarity what it is that he claims is due, as and when it falls due, and, when it comes to water, to provide the bills to the tenant as they fall due, so that the tenant may make any challenge to the supplier that he thinks is appropriate and make arrangements for payment in a timely fashion". 1

Further, the Judge noted that: "If the tenant is to be asked to pay after the event with no opportunity to check the calculation, or to make provision for payment at the time, he is at a manifest disadvantage. It is down to the landlord to provide the detail as it falls due". 2

The earlier case of Judge McElrea in Woollams v Simpson, CIV-2005-004- 1583, DC Auckland, 16 March 2006, is also relevant. In this case, the tenant had been presented at the end of her tenancy, with a claim for water rates for the three years of her tenancy. Judge McElrea stated: “As a result, in my view, there is a requirement on the landlord seeking to rely on any such arrangement in the lease, that accounts be supplied quarterly or at least within a reasonable period such as within a few weeks after the account is due, unless some other arrangement is agreed between the parties. Failure to do that has predictable consequences for any tenant and apparently did have for this tenant. In my view, the implied term which I read into the Act and into this agreement is necessary in order to make the clause a workable one from a commercial point of view, and in order to decide this matter according to the substantial merits and justice of the case.”

In the more recent case of Nordon 3202 Ltd v Shailaja Nair [2018] NZDC 17499, the facts are similar as the landlord failed to charge water rates during 1 Paragraph 15 2 Paragraph 16 the term of the tenancy but presented the tenant with an account at the end. At paragraph 19 Judge Sinclair says: “It is the obligation of the landlord to supply the water rates accounts to the tenant. Furthermore, this obligation cannot be deflected by saying that the tenant was aware of their responsibility to pay such outgoings and/or did not raise the issue.” Assessment

The water rates for the three months where the landlord was late sending invoices to the tenant was considerably higher than previous water rates invoices. For example, the October 2025 invoice was three times the amount of the June 2025 invoice and both were for actual water usage. This suggests that there may have been a leak at the premises. Because the tenant did not know about the high-water rates invoices, he did not have an opportunity to query the amount charged before the due date. This puts the tenant at a disadvantage.

The landlord’s delay in providing the tenant with the invoices has prejudiced the tenant in that he is unable to dispute the charges. It is not fair and reasonable to require the tenant to pay those three invoices in the circumstances.

The landlord produced the November 2025 invoice which was sent to the tenant on 19 November 2025. That was the only invoice sent before the due date and therefore that it is the only water rates that I award to the landlord.

The landlord said at the hearing that it is the company’s usual process to provide water invoices every three months. This process needs to change so that tenants receive invoices monthly for monthly accounts.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason the landlord’s name is suppressed.

Order

Claims and awards in Tenancy Tribunal application 5392563. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 October 2025	$1,360.00	Rent arrears to 24 October 2025
Window repairs	$253.00	Window repairs
Water rates	$97.77	Water rates
Break lease fee	$782.00	Break lease fee
Filing fee reimbursement	$28.00	Filing fee reimbursement

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

The Bond Centre is to pay the bond of $2,720.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $2,520.77 Aljaber Khaled and Alfnikh Wesal: $199.23

Reasons

Both parties attended the hearing. The landlord had the assistance of a Mandarin interpreter. The tenant had the assistance of an Arabic interpreter.

The tenancy began on 12 May 2025 and ended on 24 October 2025.

From the evidence produced I am satisfied that the tenant owes $1,360.00 for rent arrears being two weeks rent.

Prior to the hearing the parties agreed to the costs for glass replacement and a fee for ending the fixed term tenancy early. Those amounts are awarded.

The remaining issue is the water rates invoices. The landlord seeks water rates of $841.86. Those water rates are for the period from 8 July 2025 until 24 October 2025.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason the landlord’s name is suppressed.

Tenancy Tribunal case 5392563 — Rent arrears at Unit/Flat 1, 38 May Road, Wesley, Auckland 1041

At a glance

Tenancy Tribunal case 5392563 — Rent arrears at Unit/Flat 1, 38 May Road, Wesley, Auckland 1041

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions