What was the outcome of Tenancy Tribunal case 4820098?

The tribunal order states: The application is dismissed. No orders are required at this time.

How much money was awarded in case 4820098?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4820098?

The primary dispute was Rent arrears. Related themes: Leaks.

Where can I read the official tribunal order for case 4820098?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10268647-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4820098?

The tribunal order states: The application is dismissed. No orders are required at this time.

How much money was awarded in case 4820098?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4820098?

The primary dispute was Rent arrears. Related themes: Leaks.

Where can I read the official tribunal order for case 4820098?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10268647-Tenancy_Tribunal_Order.pdf.

19F Lake Road, Kaitaia 0410 Tenancy Tribunal Case 4820098 — Rent arrears

Order

The application is dismissed. No orders are required at this time.

Reasons

Background

Mr Walters’ tenancy began in April 2022. The property was previously tenanted by his brother, who had been there since 2011.
The landlord’s original application sought rent arrears, water rates, re-glazing costs, and termination of the tenancy.
The hearing took place in Kaitaia on 30 April 2024. Both parties attended the hearing. Ms Levi represented the landlord. Rent arrears, re-glazing costs
Mr Walters cleared the rent arrears in March 2024. At the hearing he explained why he fell into arrears in January. That problem is now resolved.
The re-glazing invoice has also been paid in full. Water rates
The landlord seeks payment of a Far North District Council water invoice for the period from 26 January 2023 to 11 August 2023.
The invoice is for $913.32, which represents 236m3 of water.
Mr Walters stated that he has had several problems with leaks at the premises.
He stated that there was a leak in the bathroom / toilet area that was present when he first moved into the property. The on-going leak was one of the reasons why his brother left the property.
That leak was ultimately repaired, but there was another on-going leak at the mains. Mr Walters stated that his friend repaired that leak, but he could not remember when that happened.
Mr Walters’ tenancy began in April 2022. It is unclear whether he has been charged for water used from the start of his tenancy until the beginning of the FNDC invoice period (26 January 2023).
The amount of water charged on the FNDC invoice seems very high.
Based on an average consumption of approximately 237 litres per person per day 1 , with three persons in the household, the expected water use for the 197 day period of the invoice would be approximately 140m3.
Tenants are only liable to pay for water that they consume.
There is too much uncertainty about how much water Mr Walters has used, and how much he owes. Clearly Mr Walters owes some amount for water, and he freely acknowledged that.
Mr Walters stated that he will start making payments of $50.00 per week towards water to clear the arrears.
Ms Levi will do some more investigation into the leaks and when they were repaired, and into Mr Walter’s use from April 2022 to December 2022. There should also be another invoice due soon from the FNDC.
All of that information should be the basis for a sensible conversation between the landlord and tenant to agree an amount that Mr Walters owes for water.
If the parties cannot reach an agreement, the landlord may bring a further application.
Whatever the outcome, it is sensible for Mr Walters to make regular payments towards water in addition to his rent. 1 Residential Water Use in New Zealand, University of Auckland report, August 2022 Damage
In the original application Ms Levi stated: “There is other damages in the house, but I am unable to get these fixed as the tenants do not pay for repairs”.
No other detail was provided about the other damage.
At the hearing Ms Levi explained that the damage is damage to walls. Ms Levi stated that there are numerous small holes in the walls.
Mr Walters stated that the numerous holes were caused during his brother’s tenancy. His brother puttied the holes before he left, so they are repaired but unsightly.
There is some other damage to walls, including cracks, for which Mr Walters accepted responsibility. Mr Walters has organised a repairman to repair that damage, which will be carried out in the next few weeks.
Ms Levi provided copies of inspection reports from December 2023 and March 2024. The small holes are not visible in the photographs. The larger cracks in the walls are visible.
Mr Walters must repair damage that occurred during his tenancy, but he is not liable for damage that was present when he first moved in.
Mr Walters submitted that there was other damage when he moved in – holes in the exterior base board, missing cupboard door and drawer face in kitchen, and lino lifting in the kitchen.
The washing line has fallen down.
It seems that there is maintenance work that needs to be done at the property.
Ms Levi will locate a copy of the entry inspection report and send a copy to Mr Walters. That document may assist in clarifying what damage was present when the tenancy began. Outcome
There are currently no rent arrears. I will not make a monetary order for water rates at this time for the reasons given above.
Ms Levi was satisfied with Mr Walters’ plan to carry out repairs for the damage that he accepts.
More and better evidence would be necessary to show that Mr Walters has any responsibility for the small holes in the walls or damage to the exterior cladding.
There is damage to the kitchen and to the washing line that requires attention.
Mr Walters will begin paying $50.00 per week towards water.
I will not make any orders at this time.
The landlord sought name suppression in their application. The Tribunal must grant name suppression on application to any party that has substantially succeeded in the proceedings. The landlord has not substantially succeeded in this instance.
The Tribunal has a discretion to grant name suppression to any party having regard to the interests of the parties and to the public interest. In this instance there are no particular considerations that would warrant granting name suppression to the landlord.
Therefore the request for name suppression is declined.

Order

The application is dismissed. No orders are required at this time.

Reasons

Background

Mr Walters’ tenancy began in April 2022. The property was previously tenanted by his brother, who had been there since 2011.
The landlord’s original application sought rent arrears, water rates, re-glazing costs, and termination of the tenancy.
The hearing took place in Kaitaia on 30 April 2024. Both parties attended the hearing. Ms Levi represented the landlord. Rent arrears, re-glazing costs
Mr Walters cleared the rent arrears in March 2024. At the hearing he explained why he fell into arrears in January. That problem is now resolved.
The re-glazing invoice has also been paid in full. Water rates
The landlord seeks payment of a Far North District Council water invoice for the period from 26 January 2023 to 11 August 2023.
The invoice is for $913.32, which represents 236m3 of water.
Mr Walters stated that he has had several problems with leaks at the premises.
He stated that there was a leak in the bathroom / toilet area that was present when he first moved into the property. The on-going leak was one of the reasons why his brother left the property.
That leak was ultimately repaired, but there was another on-going leak at the mains. Mr Walters stated that his friend repaired that leak, but he could not remember when that happened.
Mr Walters’ tenancy began in April 2022. It is unclear whether he has been charged for water used from the start of his tenancy until the beginning of the FNDC invoice period (26 January 2023).
The amount of water charged on the FNDC invoice seems very high.
Based on an average consumption of approximately 237 litres per person per day 1 , with three persons in the household, the expected water use for the 197 day period of the invoice would be approximately 140m3.
Tenants are only liable to pay for water that they consume.
There is too much uncertainty about how much water Mr Walters has used, and how much he owes. Clearly Mr Walters owes some amount for water, and he freely acknowledged that.
Mr Walters stated that he will start making payments of $50.00 per week towards water to clear the arrears.
Ms Levi will do some more investigation into the leaks and when they were repaired, and into Mr Walter’s use from April 2022 to December 2022. There should also be another invoice due soon from the FNDC.
All of that information should be the basis for a sensible conversation between the landlord and tenant to agree an amount that Mr Walters owes for water.
If the parties cannot reach an agreement, the landlord may bring a further application.
Whatever the outcome, it is sensible for Mr Walters to make regular payments towards water in addition to his rent. 1 Residential Water Use in New Zealand, University of Auckland report, August 2022 Damage
In the original application Ms Levi stated: “There is other damages in the house, but I am unable to get these fixed as the tenants do not pay for repairs”.
No other detail was provided about the other damage.
At the hearing Ms Levi explained that the damage is damage to walls. Ms Levi stated that there are numerous small holes in the walls.
Mr Walters stated that the numerous holes were caused during his brother’s tenancy. His brother puttied the holes before he left, so they are repaired but unsightly.
There is some other damage to walls, including cracks, for which Mr Walters accepted responsibility. Mr Walters has organised a repairman to repair that damage, which will be carried out in the next few weeks.
Ms Levi provided copies of inspection reports from December 2023 and March 2024. The small holes are not visible in the photographs. The larger cracks in the walls are visible.
Mr Walters must repair damage that occurred during his tenancy, but he is not liable for damage that was present when he first moved in.
Mr Walters submitted that there was other damage when he moved in – holes in the exterior base board, missing cupboard door and drawer face in kitchen, and lino lifting in the kitchen.
The washing line has fallen down.
It seems that there is maintenance work that needs to be done at the property.
Ms Levi will locate a copy of the entry inspection report and send a copy to Mr Walters. That document may assist in clarifying what damage was present when the tenancy began. Outcome
There are currently no rent arrears. I will not make a monetary order for water rates at this time for the reasons given above.
Ms Levi was satisfied with Mr Walters’ plan to carry out repairs for the damage that he accepts.
More and better evidence would be necessary to show that Mr Walters has any responsibility for the small holes in the walls or damage to the exterior cladding.
There is damage to the kitchen and to the washing line that requires attention.
Mr Walters will begin paying $50.00 per week towards water.
I will not make any orders at this time.
The landlord sought name suppression in their application. The Tribunal must grant name suppression on application to any party that has substantially succeeded in the proceedings. The landlord has not substantially succeeded in this instance.
The Tribunal has a discretion to grant name suppression to any party having regard to the interests of the parties and to the public interest. In this instance there are no particular considerations that would warrant granting name suppression to the landlord.
Therefore the request for name suppression is declined.

Tenancy Tribunal case 4820098 — Rent arrears at 19F Lake Road, Kaitaia 0410

At a glance

Tenancy Tribunal case 4820098 — Rent arrears at 19F Lake Road, Kaitaia 0410

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions