How much money was awarded in case 5000592?

Filing Fee: $27.00 awarded to landlord; Water And Power: $2,062.12 awarded to landlord

What type of tenancy dispute was case 5000592?

The dispute type was not classified.

Where can I read the official tribunal order for case 5000592?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11268775-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5000592?

Filing Fee: $27.00 awarded to landlord; Water And Power: $2,062.12 awarded to landlord

What type of tenancy dispute was case 5000592?

The dispute type was not classified.

Where can I read the official tribunal order for case 5000592?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11268775-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5000592 — Tenancy dispute

Q: What was Tenancy Tribunal case 5000592 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5000592 — net $89.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water and power	$2,062.12	Water and power
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$89.12
Total payable by Tenant to Landlord	$89.12

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant/Landlord name and identifying details.

[The tenant/s] must pay [The landlord/s] $89.12 immediately, being water rates, power arrears and reimbursement of the filing fee

The Bond Centre is to pay the bond of $2,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended this remote hearing.

The landlord seeks compensation of $1,767.77 for unpaid water rates, compensation for $3,387.59 for unpaid power costs, reimbursement of the filing fee and release of the bond.

The tenancy commenced on 6 May 2020 and ended on 25 August 2024.

The landlord provided the tenants with invoices for water rates and power periodically during the tenancy. The landlord accepted that through no fault of the tenants, that no invoices were provided between October 2023 and the end of the tenancy on 25 August 2024.

The landlord explained that invoices were calculated using a sub meter at an adjoining property. They had experienced difficulty in gaining access to that property so that the meter could be read and the amount owing calculated. The landlord accepts that they had been reminded of the oversight by the tenants, but had simply forgotten.

The landlord calculated the amount owing for water and power to the end of the tenancy and provided the tenants with an account totalling $5,155.36.

Section 39 of the Residential Tenancies Act 1986 (“RTA”) provides that there is an obligation on the tenant to pay outgoings such as power and water.

The District Court held in Woollams v Simpson, DC Auckland CIV 2005-004- 1583, 16 March 2006 that there is an implied term in every tenancy agreement that the landlord would provide accounts to the tenant at regular intervals so as to enable payment to be made. In that case the District Court held that for a landlord to supply a tenant with a bill for three years water rates at the end of the tenancy was “unconscionable”.

The Court held that accounts should be provided regularly and within a few weeks after the account is due unless arrangements are made to the contrary between the parties. “Failure to do that has a predictable consequence for any tenant and apparently did for this tenant.”

Section 85 RTA requires the Tribunal to exercise its jurisdiction in such a manner so as to determine disputes according to the general principles of law relating to the matter and the substantial merits and justice of the case, but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities.

I do not consider that the tenant should be substantially disadvantaged due to the landlord’s disorganisation. Having said that, the tenant has obviously used power and water during the period complained of. Taking into account the substantial merits of the case, the landlord’s failure and the power and water use by the tenant, I consider it appropriate that the tenant should pay $2,062.12. This sum has been arrived at by dividing the total claimed by the landlord ($5,155.36) into ten equal monthly instalments of $515.53. The tenant is required to pay the equivalent of four instalments.

In coming to this decision, I have disregarded the tenant concerns about the actual power and water usage. No supporting evidence was provided by the tenants that might allow me to find in their favour on that issue. [The applicant/s] has substantially succeeded with the claim I have ordered the tenants to reimburse the filing fee.

Both parties applied for name suppression. Both parties have substantially succeeded in this matter and suppression of the landlord and tenants’ names and details is ordered.

Claims and awards in Tenancy Tribunal application 5000592 — net $89.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water and power	$2,062.12	Water and power
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$89.12
Total payable by Tenant to Landlord	$89.12

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant/Landlord name and identifying details.
[The tenant/s] must pay [The landlord/s] $89.12 immediately, being water rates, power arrears and reimbursement of the filing fee
The Bond Centre is to pay the bond of $2,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended this remote hearing.
The landlord seeks compensation of $1,767.77 for unpaid water rates, compensation for $3,387.59 for unpaid power costs, reimbursement of the filing fee and release of the bond.
The tenancy commenced on 6 May 2020 and ended on 25 August 2024.
The landlord provided the tenants with invoices for water rates and power periodically during the tenancy. The landlord accepted that through no fault of the tenants, that no invoices were provided between October 2023 and the end of the tenancy on 25 August 2024.
The landlord explained that invoices were calculated using a sub meter at an adjoining property. They had experienced difficulty in gaining access to that property so that the meter could be read and the amount owing calculated. The landlord accepts that they had been reminded of the oversight by the tenants, but had simply forgotten.
The landlord calculated the amount owing for water and power to the end of the tenancy and provided the tenants with an account totalling $5,155.36.
Section 39 of the Residential Tenancies Act 1986 (“RTA”) provides that there is an obligation on the tenant to pay outgoings such as power and water.
The District Court held in Woollams v Simpson, DC Auckland CIV 2005-004- 1583, 16 March 2006 that there is an implied term in every tenancy agreement that the landlord would provide accounts to the tenant at regular intervals so as to enable payment to be made. In that case the District Court held that for a landlord to supply a tenant with a bill for three years water rates at the end of the tenancy was “unconscionable”.
The Court held that accounts should be provided regularly and within a few weeks after the account is due unless arrangements are made to the contrary between the parties. “Failure to do that has a predictable consequence for any tenant and apparently did for this tenant.”
Section 85 RTA requires the Tribunal to exercise its jurisdiction in such a manner so as to determine disputes according to the general principles of law relating to the matter and the substantial merits and justice of the case, but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities.
I do not consider that the tenant should be substantially disadvantaged due to the landlord’s disorganisation. Having said that, the tenant has obviously used power and water during the period complained of. Taking into account the substantial merits of the case, the landlord’s failure and the power and water use by the tenant, I consider it appropriate that the tenant should pay $2,062.12. This sum has been arrived at by dividing the total claimed by the landlord ($5,155.36) into ten equal monthly instalments of $515.53. The tenant is required to pay the equivalent of four instalments.
In coming to this decision, I have disregarded the tenant concerns about the actual power and water usage. No supporting evidence was provided by the tenants that might allow me to find in their favour on that issue. [The applicant/s] has substantially succeeded with the claim I have ordered the tenants to reimburse the filing fee.
Both parties applied for name suppression. Both parties have substantially succeeded in this matter and suppression of the landlord and tenants’ names and details is ordered.

Tenancy Tribunal case 5000592 — Tenancy dispute

At a glance

Award balance

Tenancy Tribunal case 5000592 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions