What was the outcome of Tenancy Tribunal case 5216231?

The tribunal order states: Yogesh Kumar must pay Cassidy Rae Caudwell and Holly Louise Shore

How much money was awarded in case 5216231?

Filing Fee: $27.00 awarded to tenant; Water Rates: $787.00 awarded to tenant

What type of tenancy dispute was case 5216231?

The dispute type was not classified.

Where can I read the official tribunal order for case 5216231?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11695672-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5216231?

The tribunal order states: Yogesh Kumar must pay Cassidy Rae Caudwell and Holly Louise Shore

How much money was awarded in case 5216231?

Filing Fee: $27.00 awarded to tenant; Water Rates: $787.00 awarded to tenant

What type of tenancy dispute was case 5216231?

The dispute type was not classified.

Where can I read the official tribunal order for case 5216231?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11695672-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 137 Great South Road, Manurewa, Auckland Tenancy Tribunal Case 5216231 — Tenancy dispute

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Unit/Flat 3, 137 Great South Road, Manurewa, Auckland Tenancy Tribunal Case 5216231 — 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 5216231 — net $814.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Return of water rates paid	$787.00	Return of water rates paid
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$814.00
Total payable by Landlord to Tenant	$814.00

Claims and awards for application 5216231 — net $814.00 NZD. Verify on MoJ.

Return of water rates paid

Amount: $787.00
Awarded to: Tenant
Reason: Return of water rates paid

Filing fee reimbursement

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

Net award

Tenant $814.00

Total payable by Landlord to Tenant

Tenant $814.00

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

Yogesh Kumar must pay Cassidy Rae Caudwell and Holly Louise Shore $814.00 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing.
The landlord sought payment of water rates purportedly owing at the end of the tenancy.
I prefer the tenant’s evidence that the parties had agreed that the rent includes water. The parties’ tenancy agreement supports the tenant’s position as there is no meter reading set out on the agreement. The relevant section requires the landlord to set out the water meter reading at the start of the tenancy “if charging for water”.
As no water meter reading had been provided, I find that the landlord is not entitled to charge for water at all. The landlord’s claim for water rates is therefore dismissed.
The tenant started paying water rates midway during the tenancy when the landlord demanded payment. The tenant has paid $787.00 in total towards water rates.
Section 11(1) Residential Tenancies Act 1986 (‘RTA’) provides any agreement or arrangement, or any provision of any agreement or arrangement, entered into in respect of a tenancy to which this Act applies, that is inconsistent with any of the provisions of this Act, or that purports to exclude, modify, or restrict the operation of any such provision, shall be of no effect.
Section 11(3) RTA further provides that any purported waiver by a tenant of any right or power conferred upon tenants by this Act shall be of no effect.
Given that the tenant was not liable to pay for water during the entire tenancy, I order the landlord to return the $787.00 paid by the tenant.
The tenant’s claim for full refund of the rent on account of having to respond to the landlord’s claims filed herein is unsuccessful.
The tenant’s claim for refund of rent is really a claim for costs and inconvenience in responding to the landlord’s claim.
Section 102 RTA states that the Tribunal shall have no power to award costs to or against any party to proceedings before it.
For those reasons, only the tenant’s claim for refund of water rates paid is successful.
Because the tenant is partly successful on their claim, I also order the landlord to reimburse 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 5216231 — net $814.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Return of water rates paid	$787.00	Return of water rates paid
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$814.00
Total payable by Landlord to Tenant	$814.00

Claims and awards for application 5216231 — net $814.00 NZD. Verify on MoJ.

Return of water rates paid

Amount: $787.00
Awarded to: Tenant
Reason: Return of water rates paid

Filing fee reimbursement

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

Net award

Tenant $814.00

Total payable by Landlord to Tenant

Tenant $814.00

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

Yogesh Kumar must pay Cassidy Rae Caudwell and Holly Louise Shore $814.00 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing.
The landlord sought payment of water rates purportedly owing at the end of the tenancy.
I prefer the tenant’s evidence that the parties had agreed that the rent includes water. The parties’ tenancy agreement supports the tenant’s position as there is no meter reading set out on the agreement. The relevant section requires the landlord to set out the water meter reading at the start of the tenancy “if charging for water”.
As no water meter reading had been provided, I find that the landlord is not entitled to charge for water at all. The landlord’s claim for water rates is therefore dismissed.
The tenant started paying water rates midway during the tenancy when the landlord demanded payment. The tenant has paid $787.00 in total towards water rates.
Section 11(1) Residential Tenancies Act 1986 (‘RTA’) provides any agreement or arrangement, or any provision of any agreement or arrangement, entered into in respect of a tenancy to which this Act applies, that is inconsistent with any of the provisions of this Act, or that purports to exclude, modify, or restrict the operation of any such provision, shall be of no effect.
Section 11(3) RTA further provides that any purported waiver by a tenant of any right or power conferred upon tenants by this Act shall be of no effect.
Given that the tenant was not liable to pay for water during the entire tenancy, I order the landlord to return the $787.00 paid by the tenant.
The tenant’s claim for full refund of the rent on account of having to respond to the landlord’s claims filed herein is unsuccessful.
The tenant’s claim for refund of rent is really a claim for costs and inconvenience in responding to the landlord’s claim.
Section 102 RTA states that the Tribunal shall have no power to award costs to or against any party to proceedings before it.
For those reasons, only the tenant’s claim for refund of water rates paid is successful.
Because the tenant is partly successful on their claim, I also order the landlord to reimburse the filing fee.

Tenancy Tribunal case 5216231 — Tenancy dispute at Unit/Flat 3, 137 Great South Road, Manurewa, Auckland

At a glance

Tenancy Tribunal case 5216231 — Tenancy dispute at Unit/Flat 3, 137 Great South Road, Manurewa, Auckland

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