What was the outcome of Tenancy Tribunal case 5260559?

The tribunal order states: Carrie Makovich and Luke Gurran must pay Focus Property Bop Limited

How much money was awarded in case 5260559?

Cleaning: $310.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $287.50 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rent Arrears: $4,071.43 awarded to landlord; Water Rates: $439.21 awarded to landlord

What type of tenancy dispute was case 5260559?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 5260559?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11992049-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5260559?

The tribunal order states: Carrie Makovich and Luke Gurran must pay Focus Property Bop Limited

How much money was awarded in case 5260559?

Cleaning: $310.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $287.50 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rent Arrears: $4,071.43 awarded to landlord; Water Rates: $439.21 awarded to landlord

What type of tenancy dispute was case 5260559?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 5260559?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11992049-Tenancy_Tribunal_Order.pdf.

51 Heartwood Avenue, Omokoroa, Omokoroa 3114 Tenancy Tribunal Case 5260559 — Rent arrears

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Reasons

Claims and awards in Tenancy Tribunal application 5260559 — net $2,435.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 June 2025	$4,071.43	Rent arrears to 3 June 2025
Water rates	$439.21	Water rates
Carpet Cleaning	$310.00	Carpet Cleaning
Carpet repair	$287.50	Carpet repair
Carpet replacement (insurance excess	$500.00	Carpet replacement (insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,435.14
Total payable by Tenant to Landlord	$2,435.14

Both parties attended the hearing. The landlord attended by video. The tenant attended by telephone.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 3 June 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy. Water rates

The landlord claims $933.10 for water rates.

On 28 April 2025 the tenant was invoiced for water rates for the period from 22 July 2023 until 18 March 2025. Then they were invoiced for water from 18 March 2025 until 5 June 2025 which was due on 13 June 2025.

The tenant has not made any payment for water but was also not invoiced for any water until 28 April 2025.

Section 39 of the Residential Tenancies Act 1986 (“RTA”) is the relevant section with respect to outgoings: (1) The landlord is responsible for all outgoings in respect of the premises that— (a) are incurred whether or not the premises are occupied; and are incurred for common facilities.... (3) The 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. (4) Without limiting the generality of subsection (3), the tenant is responsible for the following charges, incurred during the tenancy, in respect of the premises:... (c) supply of water if the water supplier charges for water provided to the premises on the basis of consumption.

The tenants have the obligation to pay for their water usage. However, there is a corresponding implied obligation on a landlord to advise the tenant of the costs clearly and within a reasonable time frame. A tenant must be provided with the actual provider invoices and be able to clearly identify what is their usage. This has been detailed in precedent by the District Court which the Tenancy Tribunal is bound to follow, as discussed below.

Firstly, the case of Braganza v Saia (DC) CIV-2010-004-2024. In respect to the issue of a landlord's obligation to render water accounts promptly, the Judge held: "It is plainly incumbent on a landlord to set out with clarity what it is that he claims is due, as and when it falls due, and, when it comes to water, to provide the bills to the tenant as they fall due, so that the tenant may make any challenge to the supplier that he thinks is appropriate and make arrangements for payment in a timely fashion". 1

Further, the Judge noted that: "If the tenant is to be asked to pay after the event with no opportunity to check the calculation, or to make provision for payment at the time, he is at a manifest disadvantage. It is down to the landlord to provide the detail as it falls due". 2

The earlier case of Judge McElrea in Woollams v Simpson, CIV-2005-004- 1583, DC Auckland, 16 March 2006, is also relevant. In this case, the tenant had been presented at the end of her tenancy, with a claim for water rates for the three years of her tenancy. Judge McElrea stated: “As a result, in my view, there is a requirement on the landlord seeking to rely on any such arrangement in the lease, that accounts be supplied quarterly or at least within a reasonable period such as within a few weeks after the account is due, unless some other arrangement is agreed between the parties. Failure to do that has predictable consequences for any tenant and apparently did have for this tenant. In my view, the implied term which I read into the Act and into this agreement is necessary in order to make the clause a workable one from a commercial point of view, and in order to decide this matter according to the substantial merits and justice of the case.”

In the more recent case of Nordon 3202 Ltd v Shailaja Nair [2018] NZDC 17499, the facts are similar as the landlord failed to charge water rates during the term of the tenancy but presented the tenant with an account at the end. At paragraph 19 Judge Sinclair says: “It is the obligation of the landlord to supply the water rates accounts to the tenant. Furthermore, this obligation cannot be deflected by saying that the tenant was aware of their responsibility to pay such outgoings and/or did not raise the issue.”

The water invoices for these premises are provided six monthly. I have decided that the tenant should only be liable for water used in 2025. The tenant is responsible for the two most recent invoices. Carpet

The landlord claims for carpet cleaning, carpet repair in one bedroom and the insurance excess for carpet replacement in another bedroom.

The landlord states that the carpet in all rooms was stained and required cleaning.

The tenant thought that cleaning in the room where the carpet needed replacing should not have been carried out. 1 Paragraph 15 2 Paragraph 16

On the evidence I am satisfied that the costs sought are reasonable.

Because Focus Property Bop Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5260559 — net $2,435.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 June 2025	$4,071.43	Rent arrears to 3 June 2025
Water rates	$439.21	Water rates
Carpet Cleaning	$310.00	Carpet Cleaning
Carpet repair	$287.50	Carpet repair
Carpet replacement (insurance excess	$500.00	Carpet replacement (insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,435.14
Total payable by Tenant to Landlord	$2,435.14

Both parties attended the hearing. The landlord attended by video. The tenant attended by telephone.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 3 June 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy. Water rates

The landlord claims $933.10 for water rates.

The tenant has not made any payment for water but was also not invoiced for any water until 28 April 2025.

The landlord claims for carpet cleaning, carpet repair in one bedroom and the insurance excess for carpet replacement in another bedroom.

The landlord states that the carpet in all rooms was stained and required cleaning.

The tenant thought that cleaning in the room where the carpet needed replacing should not have been carried out. 1 Paragraph 15 2 Paragraph 16

On the evidence I am satisfied that the costs sought are reasonable.

Because Focus Property Bop Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5260559 — Rent arrears at 51 Heartwood Avenue, Omokoroa, Omokoroa 3114

At a glance

Tenancy Tribunal case 5260559 — Rent arrears at 51 Heartwood Avenue, Omokoroa, Omokoroa 3114

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions