What was the outcome of Tenancy Tribunal case 5112028?

The tribunal order states: Mohammed Azam must pay Liza Opinion and Francis Opinion $2,400.00

How much money was awarded in case 5112028?

Compensation: $2,373.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5112028?

The dispute type was not classified.

Where can I read the official tribunal order for case 5112028?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11807148-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5112028?

The tribunal order states: Mohammed Azam must pay Liza Opinion and Francis Opinion $2,400.00

How much money was awarded in case 5112028?

Compensation: $2,373.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5112028?

The dispute type was not classified.

Where can I read the official tribunal order for case 5112028?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11807148-Tribunal_Order.pdf.

681 Te Atatu Road, Te Atatu Peninsula, Auckland 0610 Tenancy Tribunal Case 5112028 — Tenancy dispute

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681 Te Atatu Road, Te Atatu Peninsula, Auckland 0610 Tenancy Tribunal Case 5112028 — 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 5112028 — net $2,400.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation for fixed water charges	$2,373.00	Compensation for fixed water charges
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,400.00
Total payable by Landlord to Tenant	$2,400.00

Claims and awards for application 5112028 — net $2,400.00 NZD. Verify on MoJ.

Compensation for fixed water charges

Amount: $2,373.00
Awarded to: Tenant
Reason: Compensation for fixed water charges

Filing fee reimbursement

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

Net award

Tenant $2,400.00

Total payable by Landlord to Tenant

Tenant $2,400.00

Claim types — money lines allowed on this order

Compensation Filing Fee

Order

Mohammed Azam must pay Liza Opinion and Francis Opinion $2,400.00 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing remotely by telephone.
The tenants claim $3,744.00 being re-imbursement of the fixed water charges they paid during the tenancy.
The tenancy began on 27/12/2012 and ended on 30/11/2024.
The tenants based the amount of claim on a fee of $6.00 per week for 52 weeks per year times 12 years.
The landlord did not dispute that the tenants had paid the fixed charges.
However, the landlord submitted that the parties had an agreement when the tenancy ended that he would pay the tenants $1,000.00 compensation, would refund their $1,560.00 bond in full and not make a claim for damages and letting out rooms without consent.
Under section 39(1)(a) a landlord is responsible for all outgoings in respect of premises that are incurred whether or not the premises are occupied.
Section 39(4)(c) provides that a tenant is responsible for the supply of water on the basis of consumption.
There is no dispute that during the tenancy the tenants paid the fixed water charges which were the responsibility of the landlord.
I consider the landlord is liable to pay the tenants some compensation for the payments they made during the term of the tenancy.
However, what level that compensation should be is difficult to determine exactly because neither party provided any supporting evidence from Watercare about the level of charges.
The landlord agreed to $1,000.00, the tenants wanted $3,744.00.
In the absence of any objective evidence, I have awarded the tenants $2,373.00, based on the $1,000.00 offered by the landlord and half of the balance between the agreed amount and what the tenants claimed.
Section 85 of the Residential Tenancies Act 1986 provides useful guidance about how the Tribunal should exercise its jurisdiction, in a manner that is most likely to ensure a fair and expeditious resolution of disputes between landlords and tenants.
The Tribunal must consider the substantial merits and justice of the case without being bound to give effect to the strict legal rights or obligations, or to legal forms and technicalities.
The parties have been unable to agree in the nearly six months since the tenancy ended, and I consider the amount awarded is reasonable and fair to resolve the dispute.
As the tenants have substantially succeeded with the claim I have awarded the filing fee.

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 5112028 — net $2,400.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation for fixed water charges	$2,373.00	Compensation for fixed water charges
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,400.00
Total payable by Landlord to Tenant	$2,400.00

Claims and awards for application 5112028 — net $2,400.00 NZD. Verify on MoJ.

Compensation for fixed water charges

Amount: $2,373.00
Awarded to: Tenant
Reason: Compensation for fixed water charges

Filing fee reimbursement

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

Net award

Tenant $2,400.00

Total payable by Landlord to Tenant

Tenant $2,400.00

Claim types — money lines allowed on this order

Compensation Filing Fee

Order

Mohammed Azam must pay Liza Opinion and Francis Opinion $2,400.00 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing remotely by telephone.
The tenants claim $3,744.00 being re-imbursement of the fixed water charges they paid during the tenancy.
The tenancy began on 27/12/2012 and ended on 30/11/2024.
The tenants based the amount of claim on a fee of $6.00 per week for 52 weeks per year times 12 years.
The landlord did not dispute that the tenants had paid the fixed charges.
However, the landlord submitted that the parties had an agreement when the tenancy ended that he would pay the tenants $1,000.00 compensation, would refund their $1,560.00 bond in full and not make a claim for damages and letting out rooms without consent.
Under section 39(1)(a) a landlord is responsible for all outgoings in respect of premises that are incurred whether or not the premises are occupied.
Section 39(4)(c) provides that a tenant is responsible for the supply of water on the basis of consumption.
There is no dispute that during the tenancy the tenants paid the fixed water charges which were the responsibility of the landlord.
I consider the landlord is liable to pay the tenants some compensation for the payments they made during the term of the tenancy.
However, what level that compensation should be is difficult to determine exactly because neither party provided any supporting evidence from Watercare about the level of charges.
The landlord agreed to $1,000.00, the tenants wanted $3,744.00.
In the absence of any objective evidence, I have awarded the tenants $2,373.00, based on the $1,000.00 offered by the landlord and half of the balance between the agreed amount and what the tenants claimed.
Section 85 of the Residential Tenancies Act 1986 provides useful guidance about how the Tribunal should exercise its jurisdiction, in a manner that is most likely to ensure a fair and expeditious resolution of disputes between landlords and tenants.
The Tribunal must consider the substantial merits and justice of the case without being bound to give effect to the strict legal rights or obligations, or to legal forms and technicalities.
The parties have been unable to agree in the nearly six months since the tenancy ended, and I consider the amount awarded is reasonable and fair to resolve the dispute.
As the tenants have substantially succeeded with the claim I have awarded the filing fee.

Tenancy Tribunal case 5112028 — Tenancy dispute at 681 Te Atatu Road, Te Atatu Peninsula, Auckland 0610

At a glance

Tenancy Tribunal case 5112028 — Tenancy dispute at 681 Te Atatu Road, Te Atatu Peninsula, Auckland 0610

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