What was the outcome of Tenancy Tribunal case 5076208?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5076208?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5076208?

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

Where can I read the official tribunal order for case 5076208?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11719242-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5076208?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5076208?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5076208?

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

Where can I read the official tribunal order for case 5076208?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11719242-Tenancy_Tribunal_Order.pdf.

4 Eden View Road, Sandringham, Auckland 1025 Tenancy Tribunal Case 5076208 — Rent arrears

Reasons

Mr Wang, representing the landlord, and Mr Foley, the tenant, both attended the teleconference hearing.

The landlord has applied for termination of the tenancy, rent arrears, outgoings, refund of the bond and refund of the filing fee.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities. Rent arrears

The landlord said the rent arrears to the hearing date of 15 April 2025 was $6,761.29. The tenant thought this was around the correct amount owing. Whilst the landlord had provided a rent summary, with only rent transactions, along with their application, that went to 10 January 2025, the landlord did not provide an updated rent summary for the hearing. Immediately prior to the hearing, I asked the landlord to provide an updated rent summary before the hearing. However, the landlord sent in a ledger that contained both rent and water invoice transactions, which did not set out only the summary of rent transactions, nor did it include any running arrears column for just rent owing. I asked for only the rent summary from the landlord after receiving this but did not receive any updated rent summary before the hearing. During the hearing, the landlord said they could not provide an updated rent summary until after the hearing, as they were at the tenant’s house for the hearing, given the tenant’s phone had broken. As such, there was no evidence provided by the landlord which clearly showed the exact amount of rent arrears claimed, which was $6,761.29, despite several opportunities being provided to the landlord to do so.

As the landlord has not proved their claim for rent arrears they claimed, which was $6,761.29, I dismiss this claim. Termination of the tenancy

As I have dismissed the landlord’s rent arrears claim, and there was no updated rent summary provided, the landlord, who sought a conditional termination order at the hearing, is unable to prove any claim for termination of the tenancy, either a full or conditional termination order, as they claimed the tenant was more than 21 days in arrears. Thus, the landlord’s claim for termination of the tenancy is also dismissed. Outgoings

The landlord claimed for outgoings, namely water bills. In their application, the landlord was seeking $361.47 for water bills. At the hearing, the landlord said they were claiming $34.00 for water bills. Both the landlord and tenant said the water bill balance owing had been reduced to $34.00 due to a leak found at the property. There was only one Watercare invoice provided by the landlord for the period 12 August 2024 to 9 September 2024, which showed a net balance owing of $354.68, after taking off any fixed charges. There was no evidence provided by the landlord in the way of a clear water ledger setting out the water invoices and receipts for the tenant and the balance owing by the tenant for only water, nor was there any evidence provided of how the parties reached the figure of $34.00 for water owing by the tenant at the time of the hearing. Further, the property manager did not know the date to which the landlord claimed the $34.00 was owing for water bills. I find the landlord has provided insufficient evidence to prove their claim for water bills and so dismiss this claim. Refund of the bond

As I have dismissed the landlord’s claims for rent arrears, for termination of the tenancy and for outgoings, and as the landlord did not claim any compensation which could impact the bond, and given the tenancy is now ongoing, the landlord’s claim for refund of the bond is also dismissed. Filing fee

As the landlord has not been successful with the claims, I do not reimburse the filing fee.

I note during the hearing that the property manager and tenant appeared to have discussed potential arrangements between themselves before the hearing, for the tenant to address the rent arrears and water bills. As I am dismissing the landlord’s claims, the parties can reach their own agreements as to tenancy matters as between themselves of course.

Order

The application is dismissed.

Reasons

Mr Wang, representing the landlord, and Mr Foley, the tenant, both attended the teleconference hearing.
The landlord has applied for termination of the tenancy, rent arrears, outgoings, refund of the bond and refund of the filing fee.
The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities. Rent arrears
The landlord said the rent arrears to the hearing date of 15 April 2025 was $6,761.29. The tenant thought this was around the correct amount owing. Whilst the landlord had provided a rent summary, with only rent transactions, along with their application, that went to 10 January 2025, the landlord did not provide an updated rent summary for the hearing. Immediately prior to the hearing, I asked the landlord to provide an updated rent summary before the hearing. However, the landlord sent in a ledger that contained both rent and water invoice transactions, which did not set out only the summary of rent transactions, nor did it include any running arrears column for just rent owing. I asked for only the rent summary from the landlord after receiving this but did not receive any updated rent summary before the hearing. During the hearing, the landlord said they could not provide an updated rent summary until after the hearing, as they were at the tenant’s house for the hearing, given the tenant’s phone had broken. As such, there was no evidence provided by the landlord which clearly showed the exact amount of rent arrears claimed, which was $6,761.29, despite several opportunities being provided to the landlord to do so.
As the landlord has not proved their claim for rent arrears they claimed, which was $6,761.29, I dismiss this claim. Termination of the tenancy
As I have dismissed the landlord’s rent arrears claim, and there was no updated rent summary provided, the landlord, who sought a conditional termination order at the hearing, is unable to prove any claim for termination of the tenancy, either a full or conditional termination order, as they claimed the tenant was more than 21 days in arrears. Thus, the landlord’s claim for termination of the tenancy is also dismissed. Outgoings
The landlord claimed for outgoings, namely water bills. In their application, the landlord was seeking $361.47 for water bills. At the hearing, the landlord said they were claiming $34.00 for water bills. Both the landlord and tenant said the water bill balance owing had been reduced to $34.00 due to a leak found at the property. There was only one Watercare invoice provided by the landlord for the period 12 August 2024 to 9 September 2024, which showed a net balance owing of $354.68, after taking off any fixed charges. There was no evidence provided by the landlord in the way of a clear water ledger setting out the water invoices and receipts for the tenant and the balance owing by the tenant for only water, nor was there any evidence provided of how the parties reached the figure of $34.00 for water owing by the tenant at the time of the hearing. Further, the property manager did not know the date to which the landlord claimed the $34.00 was owing for water bills. I find the landlord has provided insufficient evidence to prove their claim for water bills and so dismiss this claim. Refund of the bond
As I have dismissed the landlord’s claims for rent arrears, for termination of the tenancy and for outgoings, and as the landlord did not claim any compensation which could impact the bond, and given the tenancy is now ongoing, the landlord’s claim for refund of the bond is also dismissed. Filing fee
As the landlord has not been successful with the claims, I do not reimburse the filing fee.
I note during the hearing that the property manager and tenant appeared to have discussed potential arrangements between themselves before the hearing, for the tenant to address the rent arrears and water bills. As I am dismissing the landlord’s claims, the parties can reach their own agreements as to tenancy matters as between themselves of course.

Tenancy Tribunal case 5076208 — Rent arrears at 4 Eden View Road, Sandringham, Auckland 1025

At a glance

Tenancy Tribunal case 5076208 — Rent arrears at 4 Eden View Road, Sandringham, Auckland 1025

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