Published tribunal order
Tenancy Tribunal case 5306560 — Tenancy dispute at 18 Lupton Road, Manurewa, Auckland 2102
Decided 11 Sept 2025 · Published 11 Sept 2025 · Application 5306560
Landlord favoured
- Filing Fee
- Water Rates
Order
application 5243991 dated 08/07/2025$3,419.25 Water rates: For invoices dated 7 May 2025, 4 June 2025, and 3 July 2025 $141.88 Filing fee reimbursement$28.00 Total award$4,011.99 Total payable by Tenant to Landlord$4,011.99
Reasons
- The hearing proceeded by way of video conference. Mr Raghu Singh, Property Manager, appeared for the landlord. Mr Tuutasia Galo was joined to the hearing by telephone and appeared for all tenants.
- The tenancy commenced on 11 February 2023.
- On 8 July 2025 the tenancy was terminated by an order of the Tenancy Tribunal. 1
- On 17 July 2025 the landlord has applied for rent arrears, water rates, and reimbursement of the filing fee following the end of the tenancy.
- The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (the “Act”).
How much is owed for rent and water rates?
- The landlord seeks rent arrears to 12 July 2025, the date they say the tenant vacated the property after the tenancy was terminated by the Tribunal. The landlord provided up to date rent records that prove the amount owed.
- The tenant states that Telesia Galo vacated the property approximately two years ago and that he and Sauhesset Galo vacated the property approximately mid-May 2025. The tenant denies being responsible for rent arrears to 12 July 2025. The tenant called into question the landlord’s veracity and claimed the landlord was using the Tribunal as a way of obtaining more money from the tenants.
- The landlord stated the tenant was living in the property until 12 July 2025. The landlord relied on the following evidence in support of their claim: a. Water rates bills for the month of May, June and July showed evidence of water consumption consistent with the tenant’s previous use. b. The tenant paid rent on 23 May, 30 May, and 6 June 2025 after the period the tenant claims to have vacated the property; and c. The Property Manager agreed the tenant could vacate the property on 12 July 2025 when a copy of the Tribunal’s earlier order was delivered to the tenants in person at the property.
- Having reviewed the evidence and heard from the parties the Tribunal prefers the evidence of the landlord. Rent arrears are ordered in the amount specified.
- The landlord seeks water rates totalling $141.88 as set out in the table below: a. Invoice 7 May 2025 – for the period 2 April to 6 May – totalling $50.67. b. Invoice 4 June 2025 – for the period 6 May to 4 June -totalling $ 50.67. c. Invoice 3 July 2025 – for the period 4 June to 2 July – totalling $ 40.54. The amounts claimed are for use only and do not include fixed charges. 1 Fair Rentals Limited as Agent for Yu Hui Lee v Tuutasia Penitito Galo, Sauhesset Galo, Telesia Galo [2025] NZTT 5243991
- The tenant disputes responsibility for the water rates charges on the basis they vacated the property in mid-May.
- Having heard from the parties and reviewing the evidence the Tribunal finds the tenants liable for the water rates and the amount claimed is awarded. Costs
- Because Fair Rentals Limited has wholly succeeded with the claim I must reimburse the filing fee. Name Suppression
- Section 95A of Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.
- At the hearing the landlord sought name suppression. Despite being wholly successful with their claim on this occasion the Tribunal declines to award name suppression. Name suppression was not sought in the earlier matter of Fair Rentals Limited as Agent for Yu Hui Lee v Tuutasia Penitito Galo, Sauhesset Galo, Telesia Galo [2025] NZTT 5243991 meaning the parties information is already in the public domain.