What was Tenancy Tribunal case 4728354 about?

The tribunal order states: The application for water rates is dismissed.

How much money was awarded in case 4728354?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4728354?

The dispute type was not classified.

Where can I read the official tribunal order for case 4728354?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9956299-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4728354 about?

The tribunal order states: The application for water rates is dismissed.

How much money was awarded in case 4728354?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4728354?

The dispute type was not classified.

Where can I read the official tribunal order for case 4728354?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9956299-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4728354 — Tenancy dispute

Order

The application for water rates is dismissed.

Reasons

The landlord attended the hearing. The tenant did not answer the calls made to her telephone.
The application was for water rates arrears. The amount claimed was just over $1,500.
The law says that a tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to their occupation of the premises or to their use of the facilities. Therefore, tenants are only liable for the electricity, gas, telephone and internet they use, and for water charges based on consumption. See sections 39(3) and 39(4) Residential Tenancies Act 1986 (RTA).
This is the landlord’s claim to prove. The landlord is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
Usually claims for water rates are straight forward. However, the water rates invoices provided to the Tribunal for this tenancy are covered in calculations dividing the water between two premises – 64 and 64A. The invoice from Watercare is for number 64.
Where utilities are shared between more than one dwelling or building, the landlord will not be able calculate a tenant’s share of outgoings without a separate water meter or check meter.
The landlord submitted that in this case the tenants are responsible for reading a check meter and letting the landlord know the usage for the month. An administrator working for the landlord then uses this information to calculate the tenant’s water usage. This amount is added to the tenant’s water rates ledger and an invoice is sent to the tenant. Sometimes the tenant does not send in the check meter reading.
During the hearing I struggled to understand the calculations made by the administrator. I asked for the actual invoices to be sent to me after the hearing. Some of the Watercare invoices have been estimated without a reading from the tenant. Some have used a check meter reading and are probably correct. Some have simply been divided in two. Some have been overestimated. Some say - for example – “no November reading; December reading will be used for Oct – Nov and Nov – Dec”, and yet there are entries on the ledger for October, November and December. It is possible these are a double up, but I cannot be sure from the information I have been provided with. It has also been impossible for me to make my own calculations.
I find there are three problems with the landlord’s claim. The first is that the calculations on the invoices are not clear and I cannot reconcile the Watercare invoices with the tenant ledger.
The second is that section 39 RTA states that tenants pay for the outgoings that are exclusively attributable to their occupation of the premises. Given the way some of the invoices have been divided I cannot be sure the tenant is only being charged for the water she uses.
Thirdly, I find it is the landlord’s responsibility to read the check meter. My reading of section 39 is that tenants are responsible if the water is exclusively attributable to their use. This is not the case here because the meter is shared. I find this means the landlord is either responsible for paying the water rates or for reading the check meter.
The applicant has not satisfied me that it is more likely than not that the tenant owes the water rates. The application is dismissed.
I have used my discretion to allow suppression for the tenant. There is no public interest in her name being published where there is no breach of the RTA. See section 95A RTA.

Reasons

The landlord attended the hearing. The tenant did not answer the calls made to her telephone.

The application was for water rates arrears. The amount claimed was just over $1,500.

The law says that a tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to their occupation of the premises or to their use of the facilities. Therefore, tenants are only liable for the electricity, gas, telephone and internet they use, and for water charges based on consumption. See sections 39(3) and 39(4) Residential Tenancies Act 1986 (RTA).

This is the landlord’s claim to prove. The landlord is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

Usually claims for water rates are straight forward. However, the water rates invoices provided to the Tribunal for this tenancy are covered in calculations dividing the water between two premises – 64 and 64A. The invoice from Watercare is for number 64.

Where utilities are shared between more than one dwelling or building, the landlord will not be able calculate a tenant’s share of outgoings without a separate water meter or check meter.

The landlord submitted that in this case the tenants are responsible for reading a check meter and letting the landlord know the usage for the month. An administrator working for the landlord then uses this information to calculate the tenant’s water usage. This amount is added to the tenant’s water rates ledger and an invoice is sent to the tenant. Sometimes the tenant does not send in the check meter reading.

During the hearing I struggled to understand the calculations made by the administrator. I asked for the actual invoices to be sent to me after the hearing. Some of the Watercare invoices have been estimated without a reading from the tenant. Some have used a check meter reading and are probably correct. Some have simply been divided in two. Some have been overestimated. Some say - for example – “no November reading; December reading will be used for Oct – Nov and Nov – Dec”, and yet there are entries on the ledger for October, November and December. It is possible these are a double up, but I cannot be sure from the information I have been provided with. It has also been impossible for me to make my own calculations.

I find there are three problems with the landlord’s claim. The first is that the calculations on the invoices are not clear and I cannot reconcile the Watercare invoices with the tenant ledger.

The second is that section 39 RTA states that tenants pay for the outgoings that are exclusively attributable to their occupation of the premises. Given the way some of the invoices have been divided I cannot be sure the tenant is only being charged for the water she uses.

Thirdly, I find it is the landlord’s responsibility to read the check meter. My reading of section 39 is that tenants are responsible if the water is exclusively attributable to their use. This is not the case here because the meter is shared. I find this means the landlord is either responsible for paying the water rates or for reading the check meter.

The applicant has not satisfied me that it is more likely than not that the tenant owes the water rates. The application is dismissed.

I have used my discretion to allow suppression for the tenant. There is no public interest in her name being published where there is no breach of the RTA. See section 95A RTA.

Tenancy Tribunal case 4728354 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4728354 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions