Published tribunal order
Tenancy Tribunal case 5197773 — Tenancy dispute at Unit/Flat 208, 28C Eileen Newey Place, Henderson,
Decided 10 Jun 2025 · Published 10 Jun 2025 · Application 5197773
Landlord favoured
Order
corrects and replaces the Order of the same NZTT number that was issued on 9 June 2025. The only difference between the two Orders is that this Order includes an amount for filing fee reimbursement, which was requested in the course of the hearing.
- Destine Snowden must pay Staircase Property Management Limited - As Agent For Coradel Gulla $837.00 immediately, calculated as shown in table below.
- The application for termination of the tenancy is dismissed.
Reasons
- Both parties attended the hearing.
- The landlord has applied for compensation and reimbursement of the filing fee.
How much is owed for water rates, power and lock and key replacement?
- The landlord provided a tenancy ledger titled “Tenancy Invoices” which sets out the amounts charged for water, power and lock and key replacement. According to this document, the final amount owing as of 28 May 2025 is $810.00.
- The tenant produced a well set-out, handwritten ledger which records payments she made, and a letter from Work and Income New Zealand (“WINZ”) which records the amounts they have paid towards the tenant’s account.
- Unfortunately all of the documents are recording different amounts: The WINZ document records the total of each payment which may include a rent payment and a contribution towards the total outstanding for invoices. The landlord’s schedule calculates the total amount outstanding and the amounts paid by the tenant. The tenant’s ledger was a hybrid of the other two documents with some extra information added.
- Nowhere is it recorded which payment by the tenant or WINZ is to be attributed to which outstanding invoice. There has been no attempt to explain which invoices have been fully paid off, and which are still outstanding. In my view, in the circumstances of this case, this is of little consequence.
- The tenant also raised that she was not satisfied that there was a water metre in her apartment, or that her electricity use was being accurately recorded. She therefore believes she shouldn’t have to pay for any of her water or electricity use.
- The landlord produced a photograph of the water metre in the tenant’s hot water cupboard, and monthly invoices which satisfy me that the tenant’s use of power and water is being accurately recorded and forwarded to her on a monthly basis.
- The tenant stated that she had received some of the invoices but not all of them.
- I am persuaded on the balance of probabilities that the cumulative amount outstanding for power, water and locks and keys is the amount recorded on the Tenancy Invoices ledger.
- The amount ordered is proved.
- The landlord sought termination of the tenancy because of alleged reports from neighbours regarding the tenant’s antisocial behaviour. No reliable information was produced in support of this application, and no attempt to tie the application to a provision of the Residential Tenancies Act, 1986 was made.
- The Residential Tenancies Act, 1986 sets out clear grounds for terminating tenancies. On the information provided today, there is no legal basis for me to terminate this tenancy.
- Because Staircase Property Management Limited - As Agent For Coradel Gulla has substantially succeeded with the claim I have reimbursed the filing fee.