What was the outcome of Tenancy Tribunal case 5213774?

The tribunal order states: Sosefina Petelo, Peter Ponifasio Natoealofa, Cassandra Tafoulua, Sosefo

How much money was awarded in case 5213774?

Cleaning: $448.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,054.29 awarded to landlord; Water Rates: $501.64 awarded to landlord

What type of tenancy dispute was case 5213774?

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

Where can I read the official tribunal order for case 5213774?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12084340-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5213774?

The tribunal order states: Sosefina Petelo, Peter Ponifasio Natoealofa, Cassandra Tafoulua, Sosefo

How much money was awarded in case 5213774?

Cleaning: $448.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,054.29 awarded to landlord; Water Rates: $501.64 awarded to landlord

What type of tenancy dispute was case 5213774?

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

Where can I read the official tribunal order for case 5213774?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12084340-Tenancy_Tribunal_Order.pdf.

20 Pirangi Street, Point England, Auckland 1072 Tenancy Tribunal Case 5213774 — Rent arrears

Claims and awards in Tenancy Tribunal application 5213774. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,054.29	2. The tenancy ended on 8 January 2025 and the Landlord has applied to recover rent arrears, water rate arrears and compensation for the cost of cleaning the p…
Cleaning	$448.50	Cleaning
Water rates	$501.64	Water rates
Filing fee	$27.00	Filing fee

Order

Sosefina Petelo, Peter Ponifasio Natoealofa, Cassandra Tafoulua, Sosefo Kautai, Olalini Tafoulua and Siale Kaufusi owe $2,031.43 to Barfoot & Thompson Limited.
The Bond Centre is to pay the bond of $3,280 (6301765-001) to the parties as set out in the table below:

Reasons

Both parties attended the hearing.
The tenancy ended on 8 January 2025 and the Landlord has applied to recover rent arrears, water rate arrears and compensation for the cost of cleaning the premises at the end of the tenancy. Rent arrears
The Landlord provided a Rent Summary Report dated 26 March 2025 which proves rent arrears of $1,054.29 at the end of the tenancy. The Tenants do not dispute the rent arrears. I accept that evidence and the Landlord is entitled to recover that amount from the Tenants. Water rates
Under section 38(3) and (4) of the Residential Tenancies Act 1986 (the RTA), a tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities, including for the supply of water if the water supplier charges for water provided to the premises on the basis of consumption.
This tenancy started in 2021. The Tenants say that, until about October 2023, the property manager at that time sent water rates invoices monthly, which the Tenants paid.
The premises were sold in about October 2023. The new owner appointed Barfoot & Thompson Ltd as property manager. It seems that the new owner then arranged to have all Watercare invoices sent directly to the premises. However, those invoices were not addressed to the Tenants. They were addressed to CMW Developments Ltd.
No one has paid those Watercare invoices and the Landlords now seeks to recover $1175.25 from the Tenants – being all outstanding water charges since October 2023. It is not entitled to recover that amount.
It is an implied term in the tenancy agreement that the Landlord will provide a water rate account to the Tenants at regular intervals so as to enable repayment to be made. 1 That account should be provided within a reasonable period such as within a few weeks after the account is due, unless arrangements have been made to the contrary. 2
In Euro Land Limited v Hill, 3 Judge Spiller noted that charges for water are recoverable only upon the basis that bills have been provided to the tenant as and when they fall due so that the tenant may make provision for their payment at a reasonable time. 1 Woollams v Simpson Auckland DC CIV-2005-004-1583 16 March 2006 2 At [13] 3 Euro Land Limited v Hill DC Hamilton CIV-2014-019-860 18 September 2014
That did not occur here. The water rates bills were not sent to the Tenants. The water rates bills were sent to the premises, but they addressed to the Landlord and it would have been inappropriate for the Tenants to open and read that correspondence. Further, those Watercare invoices were not in the amounts that the Tenants were required to pay. Those invoices included amounts for fixed charges, which were the Landlord’s responsibility.
The Landlord suggested that some responsibility should rest with the Tenants because they did not query the absence of water rates bills from November 2023 onwards. As noted by Judge Sinclair in Nordon 3202 Ltd v Nair, 4 the Landlord’s obligation to supply water rates accounts to the Tenants cannot be deflected by saying the Tenant was aware of their responsibility to pay such outgoings and/or did not raise the issue.
The Landlord has therefore not complied with the implied obligation to regularly provide water rates invoices to the Tenants. Applying the approach taken in Nordon 3202 Ltd v Nair, I consider it appropriate that the Tenants should only be liable for the Watercare accounts from November 2024 only – effectively the last two months of their tenancy. They have no liability for the older accounts because they were not provided within a reasonable time of falling due for payment.
The Tenants must therefore pay $501.64 for water rates, calculated as follows: a. November 2024 - $395.22 b. December 2024 - $96.29 c. January 2024 (up to 8 January only) - $10.13 Cleaning costs
The Landlord has paid $850 to Shine Long Cleaning to clean the premises at the end of the tenancy. The Landlord now seeks to recover that cost from the Tenants.
The RTA requires that the Landlord provide the premises to the Tenant at the start of the tenancy in a reasonable state of cleanliness (section 45(1)(a)), and there is an equivalent obligation on the tenant to return the premises at the end of the tenancy: ...in a reasonably clean and reasonably tidy condition,and remove or arrange for the removal from the premises of all rubbish.
The RTA does not require the vacated premises to be in an immaculate condition, only in a reasonably clean and tidy state. The Tribunal will also take into account factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particular with paint work). 4 Nordon 3202 Ltd v Nair [2018] NZDC 17499
The Landlord’s photographs show that parts the premises were not left reasonably clean or tidy. The oven, rangehood and toilet were left dirty, there was dust and dirt in numerous locations. The Landlord has not proven that any other parts of the premises were not reasonably clean or tidy.
The Landlord is entitled to recover the reasonable cost of returning the premises to the required standard. But the amount it seeks to recover is too high. Based upon its photographs, the Landlord is entitled to the cost of cleaning the oven and rangehood and the cost of dusting and cleaning cupboards and the cost of cleaning the toilet. It was charged $149.50 ($130 plus GST) for each of those three tasks by Shine Long Cleaning. I therefore award $448.50 to the Landlord. Filing fee
The Landlord has been largely successful in its claim, so it is entitled to recover the filing fee of $27.

Claims and awards in Tenancy Tribunal application 5213774. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,054.29	2. The tenancy ended on 8 January 2025 and the Landlord has applied to recover rent arrears, water rate arrears and compensation for the cost of cleaning the p…
Cleaning	$448.50	Cleaning
Water rates	$501.64	Water rates
Filing fee	$27.00	Filing fee

Order

Sosefina Petelo, Peter Ponifasio Natoealofa, Cassandra Tafoulua, Sosefo Kautai, Olalini Tafoulua and Siale Kaufusi owe $2,031.43 to Barfoot & Thompson Limited.
The Bond Centre is to pay the bond of $3,280 (6301765-001) to the parties as set out in the table below:

Reasons

Both parties attended the hearing.
The tenancy ended on 8 January 2025 and the Landlord has applied to recover rent arrears, water rate arrears and compensation for the cost of cleaning the premises at the end of the tenancy. Rent arrears
The Landlord provided a Rent Summary Report dated 26 March 2025 which proves rent arrears of $1,054.29 at the end of the tenancy. The Tenants do not dispute the rent arrears. I accept that evidence and the Landlord is entitled to recover that amount from the Tenants. Water rates
Under section 38(3) and (4) of the Residential Tenancies Act 1986 (the RTA), a tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities, including for the supply of water if the water supplier charges for water provided to the premises on the basis of consumption.
This tenancy started in 2021. The Tenants say that, until about October 2023, the property manager at that time sent water rates invoices monthly, which the Tenants paid.
The premises were sold in about October 2023. The new owner appointed Barfoot & Thompson Ltd as property manager. It seems that the new owner then arranged to have all Watercare invoices sent directly to the premises. However, those invoices were not addressed to the Tenants. They were addressed to CMW Developments Ltd.
No one has paid those Watercare invoices and the Landlords now seeks to recover $1175.25 from the Tenants – being all outstanding water charges since October 2023. It is not entitled to recover that amount.
It is an implied term in the tenancy agreement that the Landlord will provide a water rate account to the Tenants at regular intervals so as to enable repayment to be made. 1 That account should be provided within a reasonable period such as within a few weeks after the account is due, unless arrangements have been made to the contrary. 2
In Euro Land Limited v Hill, 3 Judge Spiller noted that charges for water are recoverable only upon the basis that bills have been provided to the tenant as and when they fall due so that the tenant may make provision for their payment at a reasonable time. 1 Woollams v Simpson Auckland DC CIV-2005-004-1583 16 March 2006 2 At [13] 3 Euro Land Limited v Hill DC Hamilton CIV-2014-019-860 18 September 2014
That did not occur here. The water rates bills were not sent to the Tenants. The water rates bills were sent to the premises, but they addressed to the Landlord and it would have been inappropriate for the Tenants to open and read that correspondence. Further, those Watercare invoices were not in the amounts that the Tenants were required to pay. Those invoices included amounts for fixed charges, which were the Landlord’s responsibility.
The Landlord suggested that some responsibility should rest with the Tenants because they did not query the absence of water rates bills from November 2023 onwards. As noted by Judge Sinclair in Nordon 3202 Ltd v Nair, 4 the Landlord’s obligation to supply water rates accounts to the Tenants cannot be deflected by saying the Tenant was aware of their responsibility to pay such outgoings and/or did not raise the issue.
The Landlord has therefore not complied with the implied obligation to regularly provide water rates invoices to the Tenants. Applying the approach taken in Nordon 3202 Ltd v Nair, I consider it appropriate that the Tenants should only be liable for the Watercare accounts from November 2024 only – effectively the last two months of their tenancy. They have no liability for the older accounts because they were not provided within a reasonable time of falling due for payment.
The Tenants must therefore pay $501.64 for water rates, calculated as follows: a. November 2024 - $395.22 b. December 2024 - $96.29 c. January 2024 (up to 8 January only) - $10.13 Cleaning costs
The Landlord has paid $850 to Shine Long Cleaning to clean the premises at the end of the tenancy. The Landlord now seeks to recover that cost from the Tenants.
The RTA requires that the Landlord provide the premises to the Tenant at the start of the tenancy in a reasonable state of cleanliness (section 45(1)(a)), and there is an equivalent obligation on the tenant to return the premises at the end of the tenancy: ...in a reasonably clean and reasonably tidy condition,and remove or arrange for the removal from the premises of all rubbish.
The RTA does not require the vacated premises to be in an immaculate condition, only in a reasonably clean and tidy state. The Tribunal will also take into account factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particular with paint work). 4 Nordon 3202 Ltd v Nair [2018] NZDC 17499
The Landlord’s photographs show that parts the premises were not left reasonably clean or tidy. The oven, rangehood and toilet were left dirty, there was dust and dirt in numerous locations. The Landlord has not proven that any other parts of the premises were not reasonably clean or tidy.
The Landlord is entitled to recover the reasonable cost of returning the premises to the required standard. But the amount it seeks to recover is too high. Based upon its photographs, the Landlord is entitled to the cost of cleaning the oven and rangehood and the cost of dusting and cleaning cupboards and the cost of cleaning the toilet. It was charged $149.50 ($130 plus GST) for each of those three tasks by Shine Long Cleaning. I therefore award $448.50 to the Landlord. Filing fee
The Landlord has been largely successful in its claim, so it is entitled to recover the filing fee of $27.

Tenancy Tribunal case 5213774 — Rent arrears at 20 Pirangi Street, Point England, Auckland 1072

At a glance

Tenancy Tribunal case 5213774 — Rent arrears at 20 Pirangi Street, Point England, Auckland 1072

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