What was the outcome of Tenancy Tribunal case 5071788?

The tribunal order states: Hailee Heta to pay Elle Huia Swanson and Lynda Swanson $1,422.66 from the

How much money was awarded in case 5071788?

Filing Fee: $27.00 awarded to landlord; Previous Order Application 5046848 D…: $1,100.00 awarded to landlord; Water Rates: $295.66 awarded to landlord

What type of tenancy dispute was case 5071788?

The dispute type was not classified.

Where can I read the official tribunal order for case 5071788?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11490827-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5071788?

The tribunal order states: Hailee Heta to pay Elle Huia Swanson and Lynda Swanson $1,422.66 from the

How much money was awarded in case 5071788?

Filing Fee: $27.00 awarded to landlord; Previous Order Application 5046848 D…: $1,100.00 awarded to landlord; Water Rates: $295.66 awarded to landlord

What type of tenancy dispute was case 5071788?

The dispute type was not classified.

Where can I read the official tribunal order for case 5071788?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11490827-Tenancy_Tribunal_Order.pdf.

52 Ata-Mahina Way, Ruakaka 0116 Tenancy Tribunal Case 5071788 — Tenancy dispute

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52 Ata-Mahina Way, Ruakaka 0116 Tenancy Tribunal Case 5071788 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5071788 — net $1,422.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5046848 dated 18/11/2024	$1,100.00	Previous order application 5046848 dated 18/11/2024
Water rates	$295.66	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,422.66
Bond	$2,800.00
Total payable by Tenant to Landlord	$1,422.66

Claims and awards for application 5071788 — net $1,422.66 NZD. Verify on MoJ.

Previous order application 5046848 dated 18/11/2024

Amount: $1,100.00
Awarded to: Landlord
Reason: Previous order application 5046848 dated 18/11/2024

Water rates

Amount: $295.66
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,422.66

Bond

Landlord $2,800.00

Total payable by Tenant to Landlord

Landlord $1,422.66

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

Hailee Heta to pay Elle Huia Swanson and Lynda Swanson $1,422.66 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,800.00 (6396607-004) immediately apportioned as follows: Elle Huia Swanson and Lynda Swanson: $1,422.66 Hailee Heta: $1,377.34

Reasons

Background

On 18 November 2024 I made an order in respect of a previous tenant application (5046848) and landlord application (5056848) about this tenancy.
The order stated that Ms Swanson was to receive $1,100.00 from the bond.
In the decision I noted that: a. The final water rates had not been calculated. I noted that Ms Heta did not dispute that she must pay for water to the end of her tenancy. Ms Swanson was to calculate the final water use and notify Ms Heta, and then Ms Heta would pay. b. Ms Swanson agreed to allow Ms Heta the opportunity to return to the property and try to remove a carpet stain in the bedroom.
This application (filed on 15 November 2024) seeks water rates, carpet replacement, and costs relating to the hob.
The hearing took place in Whangarei today, 26 February 2025. Ms Heta and Ms Elle Swanson attended the hearing. Water rates
Ms Lynda Swanson initially calculated the final water rates incorrectly and sought $1,026.91 from Ms Heta.
Ms Swanson has since provided the WDC water rates invoice for the relevant period (23 April 2024 to 12 November 2024) which shows consumption of 95m3, totalling $315.66.
Ms Heta accepted this amount.
Ms Heta noted a discrepancy in respect of the first water rates invoice that she received, for the period ending 23 April 2024. The WDC invoice covered the period 10 November 2023 to 23 April 2024. Ms Heta paid that invoice in full, even though her tenancy did not begin until 2 January 2024.
Ms Heta seeks a partial refund of that invoice, on a pro rata basis.
Ms Elle Swanson was not aware that Ms Heta was going to raise this argument today, and she did not have information to hand to clarify the actual meter reading at the start of Ms Heta’s tenancy. She did note that the property was vacant for about a month (the month of December 2023) before the start of Ms Heta’s tenancy.
I accept that: a. Tenants are only liable to pay for water that they use. b. It is possible that the first water invoice included water that was used before Ms Heta’s tenancy. c. The landlord has a duty to provide accurate water rates invoices.
On that basis it is appropriate to award a small refund, but the amount must be conservative given that Ms Heta has proven a risk of an overcharge but not an actual overcharge.
I will apply a refund of $20.00. Carpet
The simple idea recorded in the previous order was that Ms Lynda Swanson would allow Ms Heta to return to the property and attempt to remove the stain. If Ms Heta failed to return, or if she returned but failed to remove the stain, then she would be liable for the reasonable cost of professional stain removal.
Instead: a. Ms Heta did not contact Ms Swanson until 10 days after the hearing. b. Ms Swanson did not contact Ms Heta, and did not attempt professional carpet cleaning. c. The claim presented is for replacement of the carpet, based on a quote that is dated 13 November 2024. d. Ms Elle Swanson confirmed that the carpet has not been stain treated or replaced.
In light of this, Ms Elle Swanson sensibly agreed to withdraw this part of the claim today. Bond, filing fee
The landlord has been partially successful in this application, and I will award the landlord the filing fee of $20.44.
The landlords will receive $1,422.66 from the bond. The balance will be released to the tenant. N Blake, 26 February 2025

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5071788 — net $1,422.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5046848 dated 18/11/2024	$1,100.00	Previous order application 5046848 dated 18/11/2024
Water rates	$295.66	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,422.66
Bond	$2,800.00
Total payable by Tenant to Landlord	$1,422.66

Claims and awards for application 5071788 — net $1,422.66 NZD. Verify on MoJ.

Previous order application 5046848 dated 18/11/2024

Amount: $1,100.00
Awarded to: Landlord
Reason: Previous order application 5046848 dated 18/11/2024

Water rates

Amount: $295.66
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,422.66

Bond

Landlord $2,800.00

Total payable by Tenant to Landlord

Landlord $1,422.66

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

Hailee Heta to pay Elle Huia Swanson and Lynda Swanson $1,422.66 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,800.00 (6396607-004) immediately apportioned as follows: Elle Huia Swanson and Lynda Swanson: $1,422.66 Hailee Heta: $1,377.34

Reasons

Background

On 18 November 2024 I made an order in respect of a previous tenant application (5046848) and landlord application (5056848) about this tenancy.
The order stated that Ms Swanson was to receive $1,100.00 from the bond.
In the decision I noted that: a. The final water rates had not been calculated. I noted that Ms Heta did not dispute that she must pay for water to the end of her tenancy. Ms Swanson was to calculate the final water use and notify Ms Heta, and then Ms Heta would pay. b. Ms Swanson agreed to allow Ms Heta the opportunity to return to the property and try to remove a carpet stain in the bedroom.
This application (filed on 15 November 2024) seeks water rates, carpet replacement, and costs relating to the hob.
The hearing took place in Whangarei today, 26 February 2025. Ms Heta and Ms Elle Swanson attended the hearing. Water rates
Ms Lynda Swanson initially calculated the final water rates incorrectly and sought $1,026.91 from Ms Heta.
Ms Swanson has since provided the WDC water rates invoice for the relevant period (23 April 2024 to 12 November 2024) which shows consumption of 95m3, totalling $315.66.
Ms Heta accepted this amount.
Ms Heta noted a discrepancy in respect of the first water rates invoice that she received, for the period ending 23 April 2024. The WDC invoice covered the period 10 November 2023 to 23 April 2024. Ms Heta paid that invoice in full, even though her tenancy did not begin until 2 January 2024.
Ms Heta seeks a partial refund of that invoice, on a pro rata basis.
Ms Elle Swanson was not aware that Ms Heta was going to raise this argument today, and she did not have information to hand to clarify the actual meter reading at the start of Ms Heta’s tenancy. She did note that the property was vacant for about a month (the month of December 2023) before the start of Ms Heta’s tenancy.
I accept that: a. Tenants are only liable to pay for water that they use. b. It is possible that the first water invoice included water that was used before Ms Heta’s tenancy. c. The landlord has a duty to provide accurate water rates invoices.
On that basis it is appropriate to award a small refund, but the amount must be conservative given that Ms Heta has proven a risk of an overcharge but not an actual overcharge.
I will apply a refund of $20.00. Carpet
The simple idea recorded in the previous order was that Ms Lynda Swanson would allow Ms Heta to return to the property and attempt to remove the stain. If Ms Heta failed to return, or if she returned but failed to remove the stain, then she would be liable for the reasonable cost of professional stain removal.
Instead: a. Ms Heta did not contact Ms Swanson until 10 days after the hearing. b. Ms Swanson did not contact Ms Heta, and did not attempt professional carpet cleaning. c. The claim presented is for replacement of the carpet, based on a quote that is dated 13 November 2024. d. Ms Elle Swanson confirmed that the carpet has not been stain treated or replaced.
In light of this, Ms Elle Swanson sensibly agreed to withdraw this part of the claim today. Bond, filing fee
The landlord has been partially successful in this application, and I will award the landlord the filing fee of $20.44.
The landlords will receive $1,422.66 from the bond. The balance will be released to the tenant. N Blake, 26 February 2025

Tenancy Tribunal case 5071788 — Tenancy dispute at 52 Ata-Mahina Way, Ruakaka 0116

At a glance

Tenancy Tribunal case 5071788 — Tenancy dispute at 52 Ata-Mahina Way, Ruakaka 0116

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions