What was the outcome of Tenancy Tribunal case 4757214?

The tribunal order states: Kristy Hemmings and Milan Hitchcock must pay Mh Realty Ltd Trading As

How much money was awarded in case 4757214?

Cleaning: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Power: $168.21 awarded to landlord; Previous Order Application 4694472 D…: $1,161.87 awarded to landlord

What type of tenancy dispute was case 4757214?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4757214?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10238401-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4757214?

The tribunal order states: Kristy Hemmings and Milan Hitchcock must pay Mh Realty Ltd Trading As

How much money was awarded in case 4757214?

Cleaning: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Power: $168.21 awarded to landlord; Previous Order Application 4694472 D…: $1,161.87 awarded to landlord

What type of tenancy dispute was case 4757214?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4757214?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10238401-Tenancy_Tribunal_Order.pdf.

35 Arthur Street, Whitianga, Whitianga 3510 Tenancy Tribunal Case 4757214 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4757214 — net $1,600.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4694472 dated 23/11/2023	$1,161.87	Previous order application 4694472 dated 23/11/2023
Power	$168.21	Power
Cleaning	$250.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,600.52
Total payable by Tenant to Landlord	$1,600.52

The landlord attended the hearing but the tenant did not attend.

The landlord has applied for incorporation of an earlier order for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. Incorporation of previous order for rent arrears

On 23 November 2023 the Tribunal made an order relating to this tenancy in favour of the landlord for $1,161.87. The order was for rent arrears to the end of the tenancy (16 October 2023) of $3,021.43 less the bond of $1,880.00 which was refunded to the landlord. The filing fee for that application ($20.44) was also awarded.

The previous order is incorporated into this order for enforcement purposes.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The amounts ordered are proved.

Is the tenant liable for the power costs claimed?

The landlord claims $168.21 for outstanding costs invoiced for power.

Section 39(3), RTA provides that the tenant is responsible for all outgoings, such as power/electricity, that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities.

The premises is a separate two bedroomed dwelling at the rear of the property. There is a larger dwelling also owned by the landlord at the front of the section. There is an electricity meter (main meter) that records the power used (kW) by both properties as well as a sub-meter that records what is used by the front dwelling only.

Tenants in the rear dwelling are invoiced for the total power used less the power shown as used at the front property. I find this is an accurate way to determine the kW used by the back dwelling.

The tenants in each dwelling are then charged for the average per kW cost of electricity as invoiced by the power company for the main meter (that is for: peak charge, off-peak shoulder charge and off-peak night charges) based on the kW actually used by each dwelling. While the landlord’s approach in adopting an average price for the different rates of power used does not reflect the cost of electricity exclusively attributable to that used by the tenants in each dwelling I am satisfied that it does reflect the amount of power used and in that sense it can be said to be exclusively attributable.

The costs attributed to the tenants being claimed are: 3 July 2023 to 22 July 2023 $ 53.27 23 July 2023 to 19 August 2023 $ 68.15 20 August 2023 to 23 September 2023 $ 58.08 $179.50 A portion of this sum has been paid by the tenants and the balance outstanding of $168.21 is claimed.

In Geraghty v Raui [2019] NZDC 3813, the District Court held that in considering whether to require the tenant to pay for outgoings when there is no means for calculating the tenant’s actual consumption the Tenancy Tribunal must have regard to section 85 RTA.

Section 85(2) states:

I have applied the principle of determining the matter according to the substantial merits and justices of the case and I find the amount claimed is reasonably reflects the cost of the power used by the tenants and is payable.

As the landlord has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4757214 — net $1,600.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4694472 dated 23/11/2023	$1,161.87	Previous order application 4694472 dated 23/11/2023
Power	$168.21	Power
Cleaning	$250.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,600.52
Total payable by Tenant to Landlord	$1,600.52

Order

Kristy Hemmings and Milan Hitchcock must pay Mh Realty Ltd Trading As Bayleys Acting Agent For Vance And Naomi Lowe $1,600.52 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 23 November 2023 under application 4694472.

Reasons

The landlord attended the hearing but the tenant did not attend.
The landlord has applied for incorporation of an earlier order for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. Incorporation of previous order for rent arrears
On 23 November 2023 the Tribunal made an order relating to this tenancy in favour of the landlord for $1,161.87. The order was for rent arrears to the end of the tenancy (16 October 2023) of $3,021.43 less the bond of $1,880.00 which was refunded to the landlord. The filing fee for that application ($20.44) was also awarded.
The previous order is incorporated into this order for enforcement purposes.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The amounts ordered are proved.

Is the tenant liable for the power costs claimed?

The landlord claims $168.21 for outstanding costs invoiced for power.
Section 39(3), RTA provides that the tenant is responsible for all outgoings, such as power/electricity, that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities.
The premises is a separate two bedroomed dwelling at the rear of the property. There is a larger dwelling also owned by the landlord at the front of the section. There is an electricity meter (main meter) that records the power used (kW) by both properties as well as a sub-meter that records what is used by the front dwelling only.
Tenants in the rear dwelling are invoiced for the total power used less the power shown as used at the front property. I find this is an accurate way to determine the kW used by the back dwelling.
The tenants in each dwelling are then charged for the average per kW cost of electricity as invoiced by the power company for the main meter (that is for: peak charge, off-peak shoulder charge and off-peak night charges) based on the kW actually used by each dwelling. While the landlord’s approach in adopting an average price for the different rates of power used does not reflect the cost of electricity exclusively attributable to that used by the tenants in each dwelling I am satisfied that it does reflect the amount of power used and in that sense it can be said to be exclusively attributable.
The costs attributed to the tenants being claimed are: 3 July 2023 to 22 July 2023 $ 53.27 23 July 2023 to 19 August 2023 $ 68.15 20 August 2023 to 23 September 2023 $ 58.08 $179.50 A portion of this sum has been paid by the tenants and the balance outstanding of $168.21 is claimed.
In Geraghty v Raui [2019] NZDC 3813, the District Court held that in considering whether to require the tenant to pay for outgoings when there is no means for calculating the tenant’s actual consumption the Tenancy Tribunal must have regard to section 85 RTA.
Section 85(2) states:
I have applied the principle of determining the matter according to the substantial merits and justices of the case and I find the amount claimed is reasonably reflects the cost of the power used by the tenants and is payable.
As the landlord has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4757214 — Cleanliness at 35 Arthur Street, Whitianga, Whitianga 3510

At a glance

Tenancy Tribunal case 4757214 — Cleanliness at 35 Arthur Street, Whitianga, Whitianga 3510

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant liable for the power costs claimed?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant liable for the power costs claimed?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions