What was the outcome of Tenancy Tribunal case 5033311?

The tribunal order states: Cindy Littlejohn must pay Raymond Gibson Smith And Ian Gibson As Trustees

How much money was awarded in case 5033311?

Power Charges: $2,592.92 awarded to landlord; Previous Order Application 5033311 D…: $4,302.00 awarded to landlord

What type of tenancy dispute was case 5033311?

The dispute type was not classified.

Where can I read the official tribunal order for case 5033311?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11392204-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5033311?

The tribunal order states: Cindy Littlejohn must pay Raymond Gibson Smith And Ian Gibson As Trustees

How much money was awarded in case 5033311?

Power Charges: $2,592.92 awarded to landlord; Previous Order Application 5033311 D…: $4,302.00 awarded to landlord

What type of tenancy dispute was case 5033311?

The dispute type was not classified.

Where can I read the official tribunal order for case 5033311?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11392204-Tenancy_Tribunal_Order.pdf.

22 Ariels Lane, RD 1, Paparoa 0583 Tenancy Tribunal Case 5033311 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 5033311 — net $6,894.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5033311 dated 25/11/2024	$4,302.00	Previous order application 5033311 dated 25/11/2024
Power charges	$2,592.92	Power charges
Net award	$6,894.92
Total payable by Tenant to Landlord	$6,894.92

Both parties attended the first hearing. Only the landlords attended the second. I telephoned the tenant twice without success so continued in her absence.

This 3 1/2 year tenancy ended on 20 November 2024.

I awarded rent owing of $5,975.00 to that date, the filing fee of $27.00, and refund of the bond to the landlord in an order dated 25 November 2024 under this application.

The balance of $4,302.00 remains owing by the tenant and is incorporated into this order for enforcement purposes.

How much is owed for power bills?

There are three separate premises at this address. Two of them have check meters to measure the power used.

The tenant lived in the main house with the main meter.

The landlords have supplied a spreadsheet showing some of their calculations for apportioning the power charges between the three premises. The spreadsheet does not include all calculations after June 2023.

After this date, the spreadsheet shows only the amount payable by the tenant and is recorded incorrectly as the “total cost” (of the power bills) instead of the “amount owing” (by the tenant).

The landlords say that they emailed the tenant a monthly breakdown of every calculation together with the power invoice (from the power supplier). One of these emails was provided in evidence (as an example).

The landlords also say that the method of apportioning the power costs between the three premises was agreed between them and the tenant with the assistance of an advocate who worked with the tenant previously. There is evidence of communication between the landlords and the advocate.

The landlords have not supplied copies of the power invoices to the Tribunal. Neither have they provided a full spreadsheet showing all calculations. 1

After considering all evidence, my decisions are:- a. The landlords have correctly accounted for all payments made by the tenant towards rent and power. b. I accept the landlords’ oral evidence and assurance that they have correctly calculated the amount payable by the tenant after deducting the power used for the other two premises (as shown on the check meters). I accept their evidence that they sent the information to the tenant every month and neither she nor or her advocate questioned or disagreed with these at the time. c. The landlords have divided the daily fixed charge for the power supply between the three premises. They have apportioned this according to the power usage and say it was done this way at the request of the tenant (through her advocate). I accept that this is binding on the tenant as she has agreed to it previously. d. I accept the landlords’ oral evidence and assurance that they have correctly passed on and calculated the fixed charge payable by the tenant. 1 I issued a direction on 25 November 2024 requiring these to be provided. For example, the amount for the daily fixed charge which changed from 30 cents per day (Genesis) to $3.15 per day (Meridian). I cannot check this as the landlords’ have not provided the power invoices. e. The landlords have done a final water meter reading and amended the spreadsheet and ledger to reflect this.

I award the amount claimed as owing by the tenant for power charges being $2,592.92.

The total owing by the tenant is $6,894.92.

No suppression orders were sought or apply.

Claims and awards in Tenancy Tribunal application 5033311 — net $6,894.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5033311 dated 25/11/2024	$4,302.00	Previous order application 5033311 dated 25/11/2024
Power charges	$2,592.92	Power charges
Net award	$6,894.92
Total payable by Tenant to Landlord	$6,894.92

Order

Cindy Littlejohn must pay Raymond Gibson Smith And Ian Gibson As Trustees For Gibson Smith Trust $6,894.92 immediately, calculated as shown in the table below.
This order incorporates the Tribunal order made on 25 November 2024 under this application.

Reasons

Both parties attended the first hearing. Only the landlords attended the second. I telephoned the tenant twice without success so continued in her absence.
This 3 1/2 year tenancy ended on 20 November 2024.
I awarded rent owing of $5,975.00 to that date, the filing fee of $27.00, and refund of the bond to the landlord in an order dated 25 November 2024 under this application.
The balance of $4,302.00 remains owing by the tenant and is incorporated into this order for enforcement purposes.

How much is owed for power bills?

There are three separate premises at this address. Two of them have check meters to measure the power used.
The tenant lived in the main house with the main meter.
The landlords have supplied a spreadsheet showing some of their calculations for apportioning the power charges between the three premises. The spreadsheet does not include all calculations after June 2023.
After this date, the spreadsheet shows only the amount payable by the tenant and is recorded incorrectly as the “total cost” (of the power bills) instead of the “amount owing” (by the tenant).
The landlords say that they emailed the tenant a monthly breakdown of every calculation together with the power invoice (from the power supplier). One of these emails was provided in evidence (as an example).
The landlords also say that the method of apportioning the power costs between the three premises was agreed between them and the tenant with the assistance of an advocate who worked with the tenant previously. There is evidence of communication between the landlords and the advocate.
The landlords have not supplied copies of the power invoices to the Tribunal. Neither have they provided a full spreadsheet showing all calculations. 1
After considering all evidence, my decisions are:- a. The landlords have correctly accounted for all payments made by the tenant towards rent and power. b. I accept the landlords’ oral evidence and assurance that they have correctly calculated the amount payable by the tenant after deducting the power used for the other two premises (as shown on the check meters). I accept their evidence that they sent the information to the tenant every month and neither she nor or her advocate questioned or disagreed with these at the time. c. The landlords have divided the daily fixed charge for the power supply between the three premises. They have apportioned this according to the power usage and say it was done this way at the request of the tenant (through her advocate). I accept that this is binding on the tenant as she has agreed to it previously. d. I accept the landlords’ oral evidence and assurance that they have correctly passed on and calculated the fixed charge payable by the tenant. 1 I issued a direction on 25 November 2024 requiring these to be provided. For example, the amount for the daily fixed charge which changed from 30 cents per day (Genesis) to $3.15 per day (Meridian). I cannot check this as the landlords’ have not provided the power invoices. e. The landlords have done a final water meter reading and amended the spreadsheet and ledger to reflect this.
I award the amount claimed as owing by the tenant for power charges being $2,592.92.
The total owing by the tenant is $6,894.92.
No suppression orders were sought or apply.

Tenancy Tribunal case 5033311 — Tenancy dispute at 22 Ariels Lane, RD 1, Paparoa 0583

At a glance

Tenancy Tribunal case 5033311 — Tenancy dispute at 22 Ariels Lane, RD 1, Paparoa 0583

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for power bills?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for power bills?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions