What was Tenancy Tribunal case 5005751 about?

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

How much money was awarded in case 5005751?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5005751?

The dispute type was not classified.

Where can I read the official tribunal order for case 5005751?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11239794-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5005751 about?

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

How much money was awarded in case 5005751?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5005751?

The dispute type was not classified.

Where can I read the official tribunal order for case 5005751?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11239794-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5005751 — Tenancy dispute

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord names and identifying details.
The parties agree that the tenancy of [The applicant/s] at Unit GA, 71-75 Lorne Street, Auckland 1010 terminates at the end of the fixed term at 5:00pm on Friday 27 December 2024.
Payment of water charges is the liability of the tenants from 12 July 2024 until the end of the tenancy.
The landlord agrees to provide a positive reference for the tenants.

Reasons

Both parties attended a video hearing on 10 December 2024.
This is a dispute about whether the tenants are responsible for water usage charges.
The tenants’ view is that water is included in the rent. The landlord says that water is clearly specified in the tenancy agreement as being the responsibility of the tenants, along with any other utilities. Tenancy to terminate at the end of the fixed term on 27 December 2024
The parties agreed at mediation that the tenancy will terminate at the end of the fixed term on 27 December 2024. I have confirmed this in the orders.
The landlord promised to ask the owners if a short-term extension is possible given the time of year. This may work because the owners may not need the property immediately.
I leave it to the parties to negotiate this between them.

Is water included in the rent?

I heard oral evidence from both parties during the hearing.
I have now fully reviewed all written documents provided.
The landlord has not supplied a water ledger or clear records to show exactly the amount they are claiming. I said that I may adjourn the hearing to receive this, but I have decided that I can make a declaration and leave it to the parties to arrange payment as part of the end of tenancy process.
My decision is that the tenants are liable to pay the water usage charges from 12 July 2024 until the end of the tenancy.
My reasons are:- a. The tenancy agreement states in two places that tenants are liable to pay for all outgoings including metered water charges. The clauses are below:

OUTGOINGS

The Tenant shall pay all charges for electricity, gas, telephone, Internet and metered water supplied to the Property, and wastewater if applicable.

SPECIAL CONDITIONS

All utilities are the tenants responsibility including internet, electricity and water. b. The tenants signed the tenancy agreement on 30 November 2023. c. On 6 December 2023, the tenants received a texted reply from the property manager that “there is no charge for water”. However, the agreement had already been signed so the tenancy agreement terms apply, not the response from the property manager. d. The tenants said that they could have, or would have, cancelled the agreement if they had been told at that early stage that water was not included in the rent. However, a tenancy agreement that has been signed is binding. The tenants had no right to cancel the agreement. It could only have been cancelled if the landlords agreed. e. The landlord accepts that its property manager made an error in the text sent on 6 December 2023.

f. The landlord also accepts that the tenants were not sent water bills for the first six months of the tenancy. The landlord has covered the cost of these bills. This is fair and reasonable because the tenants were under the impression that water was included in the rent (from the property manager’s text) and were not receiving the bills. g. However, from 16 July 2024, the landlord notified the tenants that water was their responsibility. h. From this time onwards, the tenants had fair warning they were required to pay for water and could budget for this.

I do understand that the tenants genuinely thought that water was included in the rent. I also understand that all of this came at a very stressful and upsetting time for them personally.
However, the contract is clear, and the written contract was signed before the mistaken text from the property manager was sent to them.
I have made a declaration that the tenants are responsible for water charges from the 12 July 2024 bill onwards.
The tenants raised some other issues in a letter to the Tribunal the day before the hearing. These issues cannot be considered as part of this application as they did not form part of the original application.
The tenants could make a new application about those issues and/or discuss them with the landlord directly.
I make no award for the filing fees and suppress both parties’ names as neither has breached the Residential Tenancies Act 1986.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord names and identifying details.
The parties agree that the tenancy of [The applicant/s] at Unit GA, 71-75 Lorne Street, Auckland 1010 terminates at the end of the fixed term at 5:00pm on Friday 27 December 2024.
Payment of water charges is the liability of the tenants from 12 July 2024 until the end of the tenancy.
The landlord agrees to provide a positive reference for the tenants.

Reasons

Both parties attended a video hearing on 10 December 2024.
This is a dispute about whether the tenants are responsible for water usage charges.
The tenants’ view is that water is included in the rent. The landlord says that water is clearly specified in the tenancy agreement as being the responsibility of the tenants, along with any other utilities. Tenancy to terminate at the end of the fixed term on 27 December 2024
The parties agreed at mediation that the tenancy will terminate at the end of the fixed term on 27 December 2024. I have confirmed this in the orders.
The landlord promised to ask the owners if a short-term extension is possible given the time of year. This may work because the owners may not need the property immediately.
I leave it to the parties to negotiate this between them.

Is water included in the rent?

I heard oral evidence from both parties during the hearing.
I have now fully reviewed all written documents provided.
The landlord has not supplied a water ledger or clear records to show exactly the amount they are claiming. I said that I may adjourn the hearing to receive this, but I have decided that I can make a declaration and leave it to the parties to arrange payment as part of the end of tenancy process.
My decision is that the tenants are liable to pay the water usage charges from 12 July 2024 until the end of the tenancy.
My reasons are:- a. The tenancy agreement states in two places that tenants are liable to pay for all outgoings including metered water charges. The clauses are below:

OUTGOINGS

The Tenant shall pay all charges for electricity, gas, telephone, Internet and metered water supplied to the Property, and wastewater if applicable.

SPECIAL CONDITIONS

I do understand that the tenants genuinely thought that water was included in the rent. I also understand that all of this came at a very stressful and upsetting time for them personally.
However, the contract is clear, and the written contract was signed before the mistaken text from the property manager was sent to them.
I have made a declaration that the tenants are responsible for water charges from the 12 July 2024 bill onwards.
The tenants raised some other issues in a letter to the Tribunal the day before the hearing. These issues cannot be considered as part of this application as they did not form part of the original application.
The tenants could make a new application about those issues and/or discuss them with the landlord directly.
I make no award for the filing fees and suppress both parties’ names as neither has breached the Residential Tenancies Act 1986.

Tenancy Tribunal case 5005751 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 5005751 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Is water included in the rent?

OUTGOINGS

SPECIAL CONDITIONS

Topics & place

Frequently asked questions

Order

Reasons

Is water included in the rent?

OUTGOINGS

SPECIAL CONDITIONS

Topics & place

Frequently asked questions