What was Tenancy Tribunal case 4812597 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4812597?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4812597?

The dispute type was not classified.

Where can I read the official tribunal order for case 4812597?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10446768-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4812597 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4812597?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4812597?

The dispute type was not classified.

Where can I read the official tribunal order for case 4812597?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10446768-Tribunal_Order_Redacted.pdf.

8C Kent Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 4812597 — Tenancy dispute

Tenantcheck Insights

Reasons

The landlord attended the hearing. The tenants did not answer the calls made to their phones.

The landlord has claimed water rates from 15 June 2022 to 4 January 2024, for the whole tenancy.

Tenants are 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 water charges based on consumption. They are not liable for fixed water charges. See section 39(3) and (4) Residential Tenancies act 1986 (RTA).

In relation to water charges, the District Court held in Woollams v Simpson (DC Auckland CIV-2005-004-1583, 16 March 2006), that there was an implied term in the tenancy agreement that the landlord would provide water accounts at regular intervals, and within a reasonable time, to enable payment to be made. The Court determined that, because the landlord had failed to do so, the tenant was only required to pay the last two accounts, which covered a period of just over four months.

In this case the landlord has not provided any of the water bills to the tenants. The water bills were sent to the tenancy premises every month, but they had the landlord’s name on the bills. The tenants would have had to open the landlord’s mail to know how much water to pay. Someone – presumably the tenants - paid $700 for water and this is showing on the April 2023 invoice. Nothing has been paid since. I have no evidence from the tenants as to why this was paid and not the rest.

I find the landlord has not proved the tenants knew how much they owed each month and therefore, following the decision in Woollams the tenants only have to pay a portion of the water rates. The $700 paid during the tenancy seems like a reasonable contribution to me. The rest of the claim is dismissed.

I have allowed the landlord’s application for suppression. There has been no breach of the RTA so there is no public interest in the name. I have used my discretion to allow name suppression for the tenants because no orders have been made against them. See section 95A RTA.

Reasons

The landlord attended the hearing. The tenants did not answer the calls made to their phones.

The landlord has claimed water rates from 15 June 2022 to 4 January 2024, for the whole tenancy.

Tenancy Tribunal case 4812597 — Tenancy dispute at 8C Kent Road, Manurewa, Auckland 2102

At a glance

Claims & awards

Tenancy Tribunal case 4812597 — Tenancy dispute at 8C Kent Road, Manurewa, Auckland 2102

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