What was Tenancy Tribunal case 4822438 about?

The tribunal order states: Faatino Taiese and Aisake Taiese must pay [The landlord/s] $8,660.54

How much money was awarded in case 4822438?

Filing Fee: $20.44 awarded to landlord; Power And Gas Costs: $1,568.67 awarded to landlord; Rent Arrears: $7,071.43 awarded to landlord

What type of tenancy dispute was case 4822438?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4822438?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10421441-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4822438 about?

The tribunal order states: Faatino Taiese and Aisake Taiese must pay [The landlord/s] $8,660.54

How much money was awarded in case 4822438?

Filing Fee: $20.44 awarded to landlord; Power And Gas Costs: $1,568.67 awarded to landlord; Rent Arrears: $7,071.43 awarded to landlord

What type of tenancy dispute was case 4822438?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4822438?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10421441-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4822438 — Rent arrears

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New Zealand Tenancy Tribunal Case 4822438 — Rent arrears | 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 4822438 — net $8,660.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 April 2024	$7,071.43	Rent arrears to 5 April 2024
Power and gas costs	$1,568.67	Power and gas costs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,660.54
Total payable by Tenant to Landlord	$8,660.54

Claims and awards for application 4822438 — net $8,660.54 NZD. Verify on MoJ.

Rent arrears to 5 April 2024

Amount: $7,071.43
Awarded to: Landlord
Reason: Rent arrears to 5 April 2024

Power and gas costs

Amount: $1,568.67
Awarded to: Landlord
Reason: Power and gas costs

Filing fee reimbursement

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

Net award

Landlord $8,660.54

Total payable by Tenant to Landlord

Landlord $8,660.54

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Faatino Taiese and Aisake Taiese must pay [The landlord/s] $8,660.54 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing which was held in person, however the tenants did not attend.
The landlord applied for termination of the tenancy for rent arrears, rent arrears, power and gas costs, and reimbursement of the filing fee.
On 5 April 2024 the Tribunal terminated the tenancy due to rent arrears. The matter was set down for further hearing and the matter has come before me to determine the remainder of the landlord’s claim.
The Adjudicator in the previous hearing recorded that the tenants intended to file their own application and in adjourning provided the tenants with the opportunity to file that claim so it could be dealt with as a cross application. However the tenants have not filed an application to date.

How much is owed for rent?

The tenancy ended on 5 April 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Are the tenants liable for the costs claimed for power and gas?

The landlord claims $1,684.95 for power and gas invoices from the start of the tenancy (10 July) to October 2023, after which the tenants arranged for a different supplier to provide power and gas under an account in their name.
By virtue of section 39, Residential Tenancies Act 1986 (RTA), tenants are responsible for all outgoings in respect of the premises that are exclusively attributable to the tenants’ occupation of the premises or the tenants’ use of the facilities, including electricity and gas.
The intention of the RTA is clear that tenants are only liable for power and gas that they actually use. That means a tenant is not liable for any fixed charges invoiced by the supplier.
The gas invoices presented do not include any fixed charges The electricity invoices include fixed charges as well as costs for power used. The fixed charges vary on each invoice. I have awarded the total cost of the power and gas invoices less the fixed charges listed below totalling $116.28. Invoice Date25/7/202322/8/202321/9/202321/10/23 Network Services Fixed Daily $14.40$12.60$13.05$14.85 Electricity Authority Levy$ 1.49$ 1.83$ 1.21$ 0.65 Metering $16.13$19.84$13.16$ 7.07 Total$32.02$34.27$27.42$22.57
Filing Fee: As the landlord has wholly succeeded with the claim I must reimburse the filing fee.
Suppression: The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that a party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case 1 . The landlord made an application for suppression of their names and identifying details of the tenancy and suppression has been granted.

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 4822438 — net $8,660.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 April 2024	$7,071.43	Rent arrears to 5 April 2024
Power and gas costs	$1,568.67	Power and gas costs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,660.54
Total payable by Tenant to Landlord	$8,660.54

Claims and awards for application 4822438 — net $8,660.54 NZD. Verify on MoJ.

Rent arrears to 5 April 2024

Amount: $7,071.43
Awarded to: Landlord
Reason: Rent arrears to 5 April 2024

Power and gas costs

Amount: $1,568.67
Awarded to: Landlord
Reason: Power and gas costs

Filing fee reimbursement

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

Net award

Landlord $8,660.54

Total payable by Tenant to Landlord

Landlord $8,660.54

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Faatino Taiese and Aisake Taiese must pay [The landlord/s] $8,660.54 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing which was held in person, however the tenants did not attend.
The landlord applied for termination of the tenancy for rent arrears, rent arrears, power and gas costs, and reimbursement of the filing fee.
On 5 April 2024 the Tribunal terminated the tenancy due to rent arrears. The matter was set down for further hearing and the matter has come before me to determine the remainder of the landlord’s claim.
The Adjudicator in the previous hearing recorded that the tenants intended to file their own application and in adjourning provided the tenants with the opportunity to file that claim so it could be dealt with as a cross application. However the tenants have not filed an application to date.

How much is owed for rent?

The tenancy ended on 5 April 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Are the tenants liable for the costs claimed for power and gas?

The landlord claims $1,684.95 for power and gas invoices from the start of the tenancy (10 July) to October 2023, after which the tenants arranged for a different supplier to provide power and gas under an account in their name.
By virtue of section 39, Residential Tenancies Act 1986 (RTA), tenants are responsible for all outgoings in respect of the premises that are exclusively attributable to the tenants’ occupation of the premises or the tenants’ use of the facilities, including electricity and gas.
The intention of the RTA is clear that tenants are only liable for power and gas that they actually use. That means a tenant is not liable for any fixed charges invoiced by the supplier.
The gas invoices presented do not include any fixed charges The electricity invoices include fixed charges as well as costs for power used. The fixed charges vary on each invoice. I have awarded the total cost of the power and gas invoices less the fixed charges listed below totalling $116.28. Invoice Date25/7/202322/8/202321/9/202321/10/23 Network Services Fixed Daily $14.40$12.60$13.05$14.85 Electricity Authority Levy$ 1.49$ 1.83$ 1.21$ 0.65 Metering $16.13$19.84$13.16$ 7.07 Total$32.02$34.27$27.42$22.57
Filing Fee: As the landlord has wholly succeeded with the claim I must reimburse the filing fee.
Suppression: The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that a party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case 1 . The landlord made an application for suppression of their names and identifying details of the tenancy and suppression has been granted.

Tenancy Tribunal case 4822438 — Rent arrears

At a glance

Tenancy Tribunal case 4822438 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Are the tenants liable for the costs claimed for power and gas?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Are the tenants liable for the costs claimed for power and gas?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions