What was Tenancy Tribunal case 5578030 about?

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

How much money was awarded in case 5578030?

Water Rates: $100.00 awarded to landlord

What type of tenancy dispute was case 5578030?

The dispute type was not classified.

Where can I read the official tribunal order for case 5578030?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14188231-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5578030 about?

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

How much money was awarded in case 5578030?

Water Rates: $100.00 awarded to landlord

What type of tenancy dispute was case 5578030?

The dispute type was not classified.

Where can I read the official tribunal order for case 5578030?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14188231-Tribunal_Order_Redacted.pdf.

Unit/Flat 1, 78 Seaview Road, Castor Bay, Auckland 0620 Tenancy Tribunal Case 5578030 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 5578030 — net $100.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates (reduced	$100.00	Water rates (reduced
Net award	$100.00
Bond	$2,200.00
Total payable by Tenant to Landlord	$100.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details.
[The tenant/s] tenant/s] to pay [The tenant/s] landlord/s] $100.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) immediately apportioned as follows: [The tenant/s] landlord/s]: $100.00 [The tenant/s] tenant/s]: $2,100.00

Reasons

Both parties attended the hearing via teleconference. The landlord was assisted by the Korean language interpreter.
The tenancy started on 24 May 2025 and ended on 7 November 2025. The tenant was subject to a fixed term agreement from 24 May 2025 to 1 May 2026.
The tenant lodged an application on 24 April 2026 seeking the return of her bond money. She also used her application to dispute the compensation claims made by the landlord.
The landlord filed a very late cross application on 2 September 2026 in respect of outstanding water charges and break lease fee expenses.

How much is owed for water rates?

The tenancy ended early, on 7 November 2025.
The landlord claims that the tenant has not paid water during the tenancy. The landlord provided Watercare invoices in support of the amount claimed however accepted during the hearing that each unit does not have their own exclusive water meter attributable to the tenant’s occupation of the premises.
The landlord confirmed that there are 4 units in the block, with this tenant having occupied unit 1.
The landlord states that the total usage is divided into 4 parts for each tenant to pay. The tenant says that the amount charged is too high based on her minimal water usage.
Section 39(3) of the Residential Tenancies Act 1986, a tenant is only responsible for outgoings (such as water) that are exclusively attributable to their occupation or use of the premises.
If the water supply is not separately metered, it is not possible to determine the tenant’s exclusive usage.
A landlord can only charge a tenant for water if the premises have a separate water meter.
During the hearing the tenant suggested she pay the amount of $100.00 towards water. Based on this I find that it is fair that the tenant should contribute towards the cost of water usage.
Accordingly, an amount of $100.00 is ordered as a fair contribution towards outstanding water charges. Break lease costs
The landlord claims break lease costs of $559.00 which they say are made up of marketing and administration expenses.
The tenant disputes this claim. She says that she sourced two applicants for the tenancy of which the second one was successful and because of this she should not have to pay these costs.
The landlord says that they had an agreement in respect of the costs associated with breaking the fixed term agreement.
The RTA is very clear and provides as follows regarding break lease fees: s44A Recovery of expenses incurred by landlord (1) A landlord who consents to an assignment under section 43B, to a subletting or parting with possession under section 44, or to termination of the tenancy in accordance with section 50(1)(d) is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of the assignment, subletting, parting with possession, or termination. (2) A landlord who seeks to recover expenses from a tenant in accordance with subsection (1) must first provide an itemised account of the expenses to the tenant.
The landlord has not provided the Tribunal with a copy of her itemised expense claim relating to the costs associated with the lease break. The only invoice provided with the landlord’s application is a Trademe invoice for $768.00 dated 31 October 2025 being listing fees for two separate properties.
In order for the landlord to succeed with this claim a copy of the itemised account should have been provided with her application in support of this claim.
In the absence of this evidence the landlord’s claim for compensation relating to break lease costs must be dismissed.
The claim for break lease costs has not been established. Power charges
The landlord confirmed during the hearing that she will reimburse the amount $101.92 for power which the tenant paid to the power company. The landlord has agreed to reimburse the money back to the tenant directly. Name suppression
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 entitled to name suppression as the application has been partly successful.
I make no orders in respect of reimbursement of the parties filing fees.

Claims and awards in Tenancy Tribunal application 5578030 — net $100.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates (reduced	$100.00	Water rates (reduced
Net award	$100.00
Bond	$2,200.00
Total payable by Tenant to Landlord	$100.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details.
[The tenant/s] tenant/s] to pay [The tenant/s] landlord/s] $100.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) immediately apportioned as follows: [The tenant/s] landlord/s]: $100.00 [The tenant/s] tenant/s]: $2,100.00

Reasons

Both parties attended the hearing via teleconference. The landlord was assisted by the Korean language interpreter.
The tenancy started on 24 May 2025 and ended on 7 November 2025. The tenant was subject to a fixed term agreement from 24 May 2025 to 1 May 2026.
The tenant lodged an application on 24 April 2026 seeking the return of her bond money. She also used her application to dispute the compensation claims made by the landlord.
The landlord filed a very late cross application on 2 September 2026 in respect of outstanding water charges and break lease fee expenses.

How much is owed for water rates?

The tenancy ended early, on 7 November 2025.
The landlord claims that the tenant has not paid water during the tenancy. The landlord provided Watercare invoices in support of the amount claimed however accepted during the hearing that each unit does not have their own exclusive water meter attributable to the tenant’s occupation of the premises.
The landlord confirmed that there are 4 units in the block, with this tenant having occupied unit 1.
The landlord states that the total usage is divided into 4 parts for each tenant to pay. The tenant says that the amount charged is too high based on her minimal water usage.
Section 39(3) of the Residential Tenancies Act 1986, a tenant is only responsible for outgoings (such as water) that are exclusively attributable to their occupation or use of the premises.
If the water supply is not separately metered, it is not possible to determine the tenant’s exclusive usage.
A landlord can only charge a tenant for water if the premises have a separate water meter.
During the hearing the tenant suggested she pay the amount of $100.00 towards water. Based on this I find that it is fair that the tenant should contribute towards the cost of water usage.
Accordingly, an amount of $100.00 is ordered as a fair contribution towards outstanding water charges. Break lease costs
The landlord claims break lease costs of $559.00 which they say are made up of marketing and administration expenses.
The tenant disputes this claim. She says that she sourced two applicants for the tenancy of which the second one was successful and because of this she should not have to pay these costs.
The landlord says that they had an agreement in respect of the costs associated with breaking the fixed term agreement.
The RTA is very clear and provides as follows regarding break lease fees: s44A Recovery of expenses incurred by landlord (1) A landlord who consents to an assignment under section 43B, to a subletting or parting with possession under section 44, or to termination of the tenancy in accordance with section 50(1)(d) is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of the assignment, subletting, parting with possession, or termination. (2) A landlord who seeks to recover expenses from a tenant in accordance with subsection (1) must first provide an itemised account of the expenses to the tenant.
The landlord has not provided the Tribunal with a copy of her itemised expense claim relating to the costs associated with the lease break. The only invoice provided with the landlord’s application is a Trademe invoice for $768.00 dated 31 October 2025 being listing fees for two separate properties.
In order for the landlord to succeed with this claim a copy of the itemised account should have been provided with her application in support of this claim.
In the absence of this evidence the landlord’s claim for compensation relating to break lease costs must be dismissed.
The claim for break lease costs has not been established. Power charges
The landlord confirmed during the hearing that she will reimburse the amount $101.92 for power which the tenant paid to the power company. The landlord has agreed to reimburse the money back to the tenant directly. Name suppression
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 entitled to name suppression as the application has been partly successful.
I make no orders in respect of reimbursement of the parties filing fees.

Tenancy Tribunal case 5578030 — Tenancy dispute at Unit/Flat 1, 78 Seaview Road, Castor Bay, Auckland 0620

At a glance

Award balance

Tenancy Tribunal case 5578030 — Tenancy dispute at Unit/Flat 1, 78 Seaview Road, Castor Bay, Auckland 0620

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Claims & awards

Order

Reasons

How much is owed for water rates?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.