What was Tenancy Tribunal case 4642529 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 4642529?

Filing Fee: $20.44 awarded to tenant; Reimbursement Of Gas Charges: $1,249.87 awarded to tenant

What type of tenancy dispute was case 4642529?

The dispute type was not classified.

Where can I read the official tribunal order for case 4642529?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9437665-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4642529 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 4642529?

Filing Fee: $20.44 awarded to tenant; Reimbursement Of Gas Charges: $1,249.87 awarded to tenant

What type of tenancy dispute was case 4642529?

The dispute type was not classified.

Where can I read the official tribunal order for case 4642529?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9437665-Tribunal_Order_Redacted.pdf.

1 Mortimer Terrace, Aro Valley, Wellington 6021 Tenancy Tribunal Case 4642529 — Tenancy dispute

Tenantcheck Insights

1 Mortimer Terrace, Aro Valley, Wellington 6021 Tenancy Tribunal Case 4642529 — 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 4642529 — net $1,270.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
reimbursement of gas charges	$1,249.87	reimbursement of gas charges
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,270.31
Total payable by Landlord to Tenant	$1,270.31

Claims and awards for application 4642529 — net $1,270.31 NZD. Verify on MoJ.

reimbursement of gas charges

Amount: $1,249.87
Awarded to: Tenant
Reason: reimbursement of gas charges

Filing fee reimbursement

Amount: $20.44
Awarded to: Tenant
Reason: Filing fee reimbursement

Net award

Tenant $1,270.31

Total payable by Landlord to Tenant

Tenant $1,270.31

Claim types — money lines allowed on this order

Filing Fee

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s names and identifying details.
Oxygen.Co.Nz Limited As Agent For Condor Properties 2012 Limited must pay [The tenant/s] $1,270.31 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing.
The tenants seek reimbursement of gas charges incurred during the tenancy to date, totalling $1,249.87.
Gas heating and cooking is supplied to 3 separate residences at 1 Mortimer Terrace. The current tenancy is in respect of a 5 bedroom house; 2 studio units at the front of the premises are rented out to different households/tenants.
Until last week, the gas supplied to all 3 units at 1 Mortimer Terrace are billed by the gas company/supplier through one common gas meter. A separate check meter for gas supply has only just been installed to this 5 bedroom property.
Section 39 Residential Tenancies Act 1986 (‘RTA’) provides: (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 (b) are incurred for common facilities. (2)... (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.
Pursuant to section 39 RTA, the landlord is responsible for all outgoings in respect of the premises that are not exclusively to the tenant’s use or occupation of the premises.
Given that it was not possible to calculate from the previous and current gas bills the gas outgoings that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities, the tenant is not liable to pay the gas charges until a separate gas check meter has been installed.
I therefore order the reimbursement of the gas charges incurred to date.
The remaining claims for compensation for damaged chattels belonging to the tenant on account of a leak in the ceiling of the bedroom below the main bathroom is being worked out between the parties. If the parties cannot resolve the tenant’s claim amicably, they may seek a rehearing of that aspect of the claim.

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 4642529 — net $1,270.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
reimbursement of gas charges	$1,249.87	reimbursement of gas charges
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,270.31
Total payable by Landlord to Tenant	$1,270.31

Claims and awards for application 4642529 — net $1,270.31 NZD. Verify on MoJ.

reimbursement of gas charges

Amount: $1,249.87
Awarded to: Tenant
Reason: reimbursement of gas charges

Filing fee reimbursement

Amount: $20.44
Awarded to: Tenant
Reason: Filing fee reimbursement

Net award

Tenant $1,270.31

Total payable by Landlord to Tenant

Tenant $1,270.31

Claim types — money lines allowed on this order

Filing Fee

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s names and identifying details.
Oxygen.Co.Nz Limited As Agent For Condor Properties 2012 Limited must pay [The tenant/s] $1,270.31 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing.
The tenants seek reimbursement of gas charges incurred during the tenancy to date, totalling $1,249.87.
Gas heating and cooking is supplied to 3 separate residences at 1 Mortimer Terrace. The current tenancy is in respect of a 5 bedroom house; 2 studio units at the front of the premises are rented out to different households/tenants.
Until last week, the gas supplied to all 3 units at 1 Mortimer Terrace are billed by the gas company/supplier through one common gas meter. A separate check meter for gas supply has only just been installed to this 5 bedroom property.
Section 39 Residential Tenancies Act 1986 (‘RTA’) provides: (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 (b) are incurred for common facilities. (2)... (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.
Pursuant to section 39 RTA, the landlord is responsible for all outgoings in respect of the premises that are not exclusively to the tenant’s use or occupation of the premises.
Given that it was not possible to calculate from the previous and current gas bills the gas outgoings that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities, the tenant is not liable to pay the gas charges until a separate gas check meter has been installed.
I therefore order the reimbursement of the gas charges incurred to date.
The remaining claims for compensation for damaged chattels belonging to the tenant on account of a leak in the ceiling of the bedroom below the main bathroom is being worked out between the parties. If the parties cannot resolve the tenant’s claim amicably, they may seek a rehearing of that aspect of the claim.

Tenancy Tribunal case 4642529 — Tenancy dispute at 1 Mortimer Terrace, Aro Valley, Wellington 6021

At a glance

Tenancy Tribunal case 4642529 — Tenancy dispute at 1 Mortimer Terrace, Aro Valley, Wellington 6021

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