Published tribunal order
Tenancy Tribunal case 5220492 — Rent arrears at 12B Mataura Place, Clover Park, Auckland 2019
Decided 1 Jul 2025 · Published 1 Jul 2025 · Application 5220492
Landlord favoured
- Rent arrears
Order
- Jay Soolefai must pay The Rent Shop Limited As Agent For Shalvin Prasad And Rachna Karan $1,330.94 immediately, calculated as shown in table below.
Reasons
- The landlord attended the phone hearing. A call to the tenant’s mobile number went to voicemail. I proceeded in the tenant’s absence.
- Following the end of the tenancy, the landlord has applied for rent arrears, compensation for outgoings and damage, and reimbursement of the filing fee.
How much is owed for rent?
- The tenancy ended on 3 February 2025. The landlord has filed a rent summary which records that as at 3 February 2025, the tenant owed $2,730.34 in rent arrears.
- On 27 March 2025, the bond of $2,040.00 was refunded to the landlord. After applying the bond to the rent arrears, the landlord seeks an order for the remaining rent arrears, being $690.34.
- The amount ordered is proved.
How much is owed for water rates?
- During the hearing, the landlord filed a summary of Tenancy Invoices issued throughout the tenancy. The Tenancy Invoices summary records that, as at the end of the tenancy, the tenant owed $1,048.06 for various costs.
- The landlord acknowledged the total of $1,048.06 includes the sum of $285.31 for alleged damage to a window, which is a separate claim dealt with below. The landlord also noted the total of $1,048.06 includes a tribunal attendance fee of $50.00.
- The landlord did not supply any evidence to show the tenant had either agreed to be liable for the “TT 5029448 attendance fee”, nor that they accepted liability for that cost. I therefore consider there are no grounds to make an award for “TT attendance 5029448 fee.”
- Removing both the sum claimed for the damaged window, and the “attendanc fee”, the total which can be attributed to water rates is $712.75. That is the amount claimed for water rates in the landlord’s application form.
- The Watercare invoices filed in support of the claim for water rates were the following: a. Invoice 04/06/24: consumption charges $113.44. b. Invoice 01/08/24: consumption charges $108.73. c. Invoice 29/08/24: consumption charges $106.38. d. Invoice 02/10/24: consumption charges $81.07. e. Invoice 30/10/24: consumption charges $86.11. f. Invoice 02/12/24: consumption charges $45.59. g. Invoice 30/12/24: consumption charges $70.94. h. Invoice 31/01/25: consumption charges $91.21.
- The above charges total $703.47. The charge of $10.13 is supported by an invoice dated 27 February 2025 (based on a daily average consumption of $2.53 for the four days 31/01/25 – 03/02/25), bringing the total to $713.60.
- No invoice was filed in support of the charge of $99.24 for the period 31/05/24 – 26/06/24.
- The tenant made a payment of $100.00 on 27 August 2024. Applying that payment to the outstanding water rates proven for that period, the total owed for water rates is $613.60.
- I make an order for that amount.
Is the tenant responsible for the damage to the premises?
- A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. See sections 40(2)(a), 41 and 49B RTA.
- The landlord filed an invoice dated 25 March 2025 for $285.31. The invoice described work done as “Reglaze broken glass in window in bedroom.”
- During the hearing, the landlord filed the ingoing inspection report dated 7 December 2017, and the outgoing inspection report dated 4 February 2025.
- The property manager who attended the hearing as agent for the landlord was unable to identify a photograph in the outgoing report showing the broken bedroom window. The outgoing inspection report does not clearly show any broken windows in any room in the house. I note that a glass door had been removed, but it was unclear whether there was any damage to the door’s glass. The door also did not appear to have come from a bedroom.
- Accordingly, I find the landlord has not proved their claim of damage and dismiss that claim. Should the tenant reimburse the landlord’s application fee?
- As the landlord has substantially succeeded with their claim the tenant must reimburse the filing fee.