What was Tenancy Tribunal case 4477360 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4477360?

Filing Fee: $20.44 awarded to landlord; Water Rates: $591.39 awarded to landlord

What type of tenancy dispute was case 4477360?

The dispute type was not classified.

Where can I read the official tribunal order for case 4477360?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9045966-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4477360 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4477360?

Filing Fee: $20.44 awarded to landlord; Water Rates: $591.39 awarded to landlord

What type of tenancy dispute was case 4477360?

The dispute type was not classified.

Where can I read the official tribunal order for case 4477360?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9045966-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4477360 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4477360 — net $611.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$591.39	2. The landlord has applied for water rates arrears, electricity arrears and reimbursement of the filing fee.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$611.83
Total payable by Tenant to Landlord	$611.83

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and identifying details.
[The tenant/s] must pay Barfoot & Thompson Limited As Agent For Kobysh Trust (Brad Taylor) $611.83 immediately.

Reasons

Both parties attended the hearing. The Tenants attended with their representative and relative [The tenant’s representative]. A Samoan interpreter was also in attendance to assist the Tenants.
The landlord has applied for water rates arrears, electricity arrears and reimbursement of the filing fee.
The Tenant has applied to dispute payment of the water and electricity bills and sought reimbursement of the filing fee. The Tenant also applied for compensation for lack of provision by the Landlord of various mandatory documents however withdrew this claim at the hearing.
The property was made up of a major and minor dwelling. The Tenants occupied the major dwelling. On or about 23 November 2021, an electricity metre was installed and in January 2022, a water metre was installed to the minor dwelling.
When the Tenants moved into the property, they dealt with a previous Property Manager who subsequently resigned. Ms Brebner who attended the hearing on behalf of the Landlord took over management on or about January 2022. Commencement of the tenancy
The parties disputed the tenancy commencement date. Prior to the Tenants moving in, they deposed they frequented the property because they were caregivers and relatives of the previous Tenant. When that Tenant vacated the property on 5 October 2021, the Tenants moved in, in December 2021.
The Landlord deposed the start date was on 6 October 2021 based on the information she was provided from the previous Property Manager. The Landlord presented a Tenancy Agreement dated 19 January 2022 which was signed by the parties on 6 October 2021. The Landlord advised this was a second Tenancy Agreement as the Tenant’s had lost the original copy provided by the previous Property Manager. The Landlord also provided email correspondence from the Tenants confirming they needed a Tenancy Agreement in January 2022.
The Tenants presented a Tenancy Agreement which supported their claim that the tenancy started in December 2021. This was given to them by the previous Property Manager but was not signed by the parties.
In considering the evidence, I prefer the Tenancy Agreement provided by the Landlord as it was signed by both parties. The commencement date of 6 October 2021 seems more plausible because there was no reason provided as to why the Landlord would have the property vacant until December 2021. Water rates arrears
The Landlord claimed the Tenant owed $591.39 for water rates arrears which covers January 2021, when the metre was installed, to the end of the tenancy. The Landlord was unable to obtain readings of the water meter throughout the tenancy because the neighbour in the minor dwelling had a dog which made it difficult to access. The Landlord submitted during the tenancy, they explained this to the Tenant and offered to provide estimates so that they would not incur a huge bill at the end of the tenancy. The Tenants declined this. The Tenants received their first water bill in May 2022 which they disputed for being too high. The Landlord provided invoices to prove the amounts owing.
The Tenants deposed they should not pay any of the water rates arrears because they were only given invoices in May 2022 but nothing else. At the same time, the Tenant deposed they only wanted to pay what was fair. The Tenants submitted they questioned their first water invoice because it was too high for only two people living at the property. They also saw the neighbour using the hose attached to their dwelling. The Landlord responded they would organise a work order to prevent the hose being used by the neighbour. They also offered to reduce the bill to take into account the neighbours useage. The law
The Tenancy Agreement (dated 19 January 2021) provides at page 5 that the Tenant “agrees to pay all charges for electricity, gas, telephone and metred water and wastewater”.
Section 39 of the Residential Tenancies Act 1986 provides that the Tenants are liable for water charges “that are exclusively attributable to their occupation of the premises, where the water supplier charges for water to the premises on the basis of consumption”.
In the District Court decision of ‘Woollams v Simpson 1 (“Woollams v Simpson”) it was held that the Tenants should not be liable for water rates when they were only given water invoices for the first time by the Landlord at the end of their three year tenancy. At no time during the tenancy were they given an invoice.
In considering the law, the facts of this case are different from ‘Woollams v Simpson’ in that the Tenants were given a water rates arrears invoice in May 2022 and were offered estimates by the Landlord throughout the tenancy. The Tenants declined. I do not consider the Landlord failed to supply water rates accounts to the Tenants during the tenancy and therefore the Tenants should pay the amount claimed.
The amounts awarded are proved. Electricity arrears
The Landlord has claimed electricity arrears of $1382.25 from the 23 November 2021, when the electricity metre was installed, to the end of the tenancy. The Landlord provided invoices to substantiate the charges however this was only provided to the Tenant after the tenancy ended.
The Tenant submitted because they did not receive any electricity invoices until after the Tenancy ended, they should not be liable for any of the electricity bills.
In considering the evidence, I find that the facts of this case are similar to Woollams v Simpson, in that the Tenant did not receive any notice of the electricity invoices from the Landlord until the end of the tenancy. I also refer to 1 Woollams v Simpson Auckland DC CIV-2005-004-1583 16 March 2006 the subsequent District Court decision of Nordon 3202 Ltd v Nair [2018] NZDC 17499; BC201862122 where the Court considered: “That the Tribunal properly applied Woollams in implying a term in the tenancy agreement imposing an obligation on the landlord to deliver copies of the invoices at the time the charges were made or shortly thereafter. The Tribunal was accordingly entitled to find that the landlord had not complied with this term, and that Mrs Nair was liable to pay the two most recent Watercare accounts only. I consider that there was an implied term in this tenancy which stipulated an obligation upon the Landlord to provide copies of the electricity invoices at the time the charges were made or shortly thereafter. I find it would be unfair for the Tenant to have to pay for these given the timing of when they received the invoices. For these reasons, the Landlord’s claim is dismissed and the Tenants are not liable for paying the electricity bill.
At the hearing, the Landlord submitted that the Tenants be permitted to pay an award in favour of the Landlord, in instalments however this may have been in anticipation of both water and electricity claims being successful. In this case, I will leave it up to the discretion of the Landlord to determine how the award will be paid off by the Tenants.
As both parties have been successful in their applications to some extent, both shall pay their own filing fees and name suppression is granted to the Tenants.

Claims and awards in Tenancy Tribunal application 4477360 — net $611.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$591.39	2. The landlord has applied for water rates arrears, electricity arrears and reimbursement of the filing fee.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$611.83
Total payable by Tenant to Landlord	$611.83

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and identifying details.
[The tenant/s] must pay Barfoot & Thompson Limited As Agent For Kobysh Trust (Brad Taylor) $611.83 immediately.

Reasons

Both parties attended the hearing. The Tenants attended with their representative and relative [The tenant’s representative]. A Samoan interpreter was also in attendance to assist the Tenants.
The landlord has applied for water rates arrears, electricity arrears and reimbursement of the filing fee.
The Tenant has applied to dispute payment of the water and electricity bills and sought reimbursement of the filing fee. The Tenant also applied for compensation for lack of provision by the Landlord of various mandatory documents however withdrew this claim at the hearing.
The property was made up of a major and minor dwelling. The Tenants occupied the major dwelling. On or about 23 November 2021, an electricity metre was installed and in January 2022, a water metre was installed to the minor dwelling.
When the Tenants moved into the property, they dealt with a previous Property Manager who subsequently resigned. Ms Brebner who attended the hearing on behalf of the Landlord took over management on or about January 2022. Commencement of the tenancy
The parties disputed the tenancy commencement date. Prior to the Tenants moving in, they deposed they frequented the property because they were caregivers and relatives of the previous Tenant. When that Tenant vacated the property on 5 October 2021, the Tenants moved in, in December 2021.
The Landlord deposed the start date was on 6 October 2021 based on the information she was provided from the previous Property Manager. The Landlord presented a Tenancy Agreement dated 19 January 2022 which was signed by the parties on 6 October 2021. The Landlord advised this was a second Tenancy Agreement as the Tenant’s had lost the original copy provided by the previous Property Manager. The Landlord also provided email correspondence from the Tenants confirming they needed a Tenancy Agreement in January 2022.
The Tenants presented a Tenancy Agreement which supported their claim that the tenancy started in December 2021. This was given to them by the previous Property Manager but was not signed by the parties.
In considering the evidence, I prefer the Tenancy Agreement provided by the Landlord as it was signed by both parties. The commencement date of 6 October 2021 seems more plausible because there was no reason provided as to why the Landlord would have the property vacant until December 2021. Water rates arrears
The Landlord claimed the Tenant owed $591.39 for water rates arrears which covers January 2021, when the metre was installed, to the end of the tenancy. The Landlord was unable to obtain readings of the water meter throughout the tenancy because the neighbour in the minor dwelling had a dog which made it difficult to access. The Landlord submitted during the tenancy, they explained this to the Tenant and offered to provide estimates so that they would not incur a huge bill at the end of the tenancy. The Tenants declined this. The Tenants received their first water bill in May 2022 which they disputed for being too high. The Landlord provided invoices to prove the amounts owing.
The Tenants deposed they should not pay any of the water rates arrears because they were only given invoices in May 2022 but nothing else. At the same time, the Tenant deposed they only wanted to pay what was fair. The Tenants submitted they questioned their first water invoice because it was too high for only two people living at the property. They also saw the neighbour using the hose attached to their dwelling. The Landlord responded they would organise a work order to prevent the hose being used by the neighbour. They also offered to reduce the bill to take into account the neighbours useage. The law
The Tenancy Agreement (dated 19 January 2021) provides at page 5 that the Tenant “agrees to pay all charges for electricity, gas, telephone and metred water and wastewater”.
Section 39 of the Residential Tenancies Act 1986 provides that the Tenants are liable for water charges “that are exclusively attributable to their occupation of the premises, where the water supplier charges for water to the premises on the basis of consumption”.
In the District Court decision of ‘Woollams v Simpson 1 (“Woollams v Simpson”) it was held that the Tenants should not be liable for water rates when they were only given water invoices for the first time by the Landlord at the end of their three year tenancy. At no time during the tenancy were they given an invoice.
In considering the law, the facts of this case are different from ‘Woollams v Simpson’ in that the Tenants were given a water rates arrears invoice in May 2022 and were offered estimates by the Landlord throughout the tenancy. The Tenants declined. I do not consider the Landlord failed to supply water rates accounts to the Tenants during the tenancy and therefore the Tenants should pay the amount claimed.
The amounts awarded are proved. Electricity arrears
The Landlord has claimed electricity arrears of $1382.25 from the 23 November 2021, when the electricity metre was installed, to the end of the tenancy. The Landlord provided invoices to substantiate the charges however this was only provided to the Tenant after the tenancy ended.
The Tenant submitted because they did not receive any electricity invoices until after the Tenancy ended, they should not be liable for any of the electricity bills.
In considering the evidence, I find that the facts of this case are similar to Woollams v Simpson, in that the Tenant did not receive any notice of the electricity invoices from the Landlord until the end of the tenancy. I also refer to 1 Woollams v Simpson Auckland DC CIV-2005-004-1583 16 March 2006 the subsequent District Court decision of Nordon 3202 Ltd v Nair [2018] NZDC 17499; BC201862122 where the Court considered: “That the Tribunal properly applied Woollams in implying a term in the tenancy agreement imposing an obligation on the landlord to deliver copies of the invoices at the time the charges were made or shortly thereafter. The Tribunal was accordingly entitled to find that the landlord had not complied with this term, and that Mrs Nair was liable to pay the two most recent Watercare accounts only. I consider that there was an implied term in this tenancy which stipulated an obligation upon the Landlord to provide copies of the electricity invoices at the time the charges were made or shortly thereafter. I find it would be unfair for the Tenant to have to pay for these given the timing of when they received the invoices. For these reasons, the Landlord’s claim is dismissed and the Tenants are not liable for paying the electricity bill.
At the hearing, the Landlord submitted that the Tenants be permitted to pay an award in favour of the Landlord, in instalments however this may have been in anticipation of both water and electricity claims being successful. In this case, I will leave it up to the discretion of the Landlord to determine how the award will be paid off by the Tenants.
As both parties have been successful in their applications to some extent, both shall pay their own filing fees and name suppression is granted to the Tenants.

Tenancy Tribunal case 4477360 — Tenancy dispute

At a glance

Award balance

Tenancy Tribunal case 4477360 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions