What was Tenancy Tribunal case 5038408 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 5038408?

Verified claim lines are listed on this page.

Where can I read the official tribunal order for case 5038408?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11351138-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5038408 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 5038408?

Verified claim lines are listed on this page.

Where can I read the official tribunal order for case 5038408?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11351138-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5038408 — Leaks

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
[The tenant/s] must pay Accommodation Centre Limited As Agent For W & K Crisp Alexandra Lindsay $517.50 immediately, being for water rates.
All other claims are dismissed.

Reasons

Both parties attended the hearing.
The tenant has claimed for compensation and an order that they are not required to pay water rates. The landlord has made a cross application for outstanding water rates. Background
The landlord has issued a water rates usage invoice to the tenant for $517.60. It covers a six-month period between 12 February 2024 to 1 August 2024, being the standard billing cycle for the relevant council.
The landlord advises that this is a large amount of water usage for six months and is higher than any other invoices issued to other tenants in similar size properties and tenancies.
The tenant advises that this is a large section (specifically 792 sqm) and that they are required to keep the grass and gardens maintained which requires significant water.
The water usage is so high, that a plumber and the council have investigated to ensure that there are no issues with the water meter or leaking. No such issues have been found.
The tenancy agreement includes the following clause:
13 Utilities The rent is inclusive of normal water charges, but the Tenant will pay any excess water charges levied by the Council. Unless otherwise specified in the Special Conditions, the Tenant is responsible for arranging connection of electricity, gas, telephone and internet, and it responsible for all charges.
The tenant interprets this to mean that if they are using an amount of water proportionate to the tenancy (how many people, size of the property grounds etc.) then they do not have to pay any additional amount for water.
The landlord advises that the relevant council includes a base charge for water within its rates bills and then households paid a volumetric charge based on how much water is used. They say that normal water charges reflect the water charge in the rates bills, and any use above that is “excess water”, or in other words excess water charges just mean those charges exclusively attributable to the tenancy.
The tenant also claims compensation of $348.00 relating to a loss of income when attending the mediation for this issue. The law
Section 39(3) of the Residential Tenancies Act (RTA) provides: (3) The tenant is responsible for all outgoing in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities.
Section 39(4) of the RTA goes on to say, without limiting the clause above, that the tenant is responsible for the supply of water if the water supplier charges for water provided to the premises on the basis of consumption.
I accept that clause 1.13 in the tenancy agreement is vague and could (and has) create issues as a result. Neither normal water charges or excess water charges are defined, and it is open to interpretation as to what these terms mean.
The RTA does define what the tenant’s obligations are with respect to utilities and since a tenancy agreement cannot go further than the RTA, I find that it is appropriate to interpret clause 1.13 of the tenancy agreement in accordance with the RTA.
Accordingly, the tenant is liable to pay the landlord for water rates usage where it is exclusively attributable to the tenant. There is no reason here to find that the $517.60 is not exclusively attributable to the tenant.
I would suggest that the landlord consider the wording of clause 1.13 to make it clearer and more aligned to the RTA to prevent any confusion. Compensation claim and suppression
I accept that the tenant did have to take time off work to attend the mediation, but no evidence has been provided in support of actual amount of loss suffered by the tenant, and as the landlord submitted, both parties should wear their own costs with respect to this dispute. The claim for compensation is dismissed.
The tenant has applied for suppression. Although the tenant has not been successful, I find that due to vague wording of the clause in the tenancy agreement the tenant was warranted in seeking clarity on their obligations through the Tribunal. The interests of the tenant outweigh the public interests of name publication and any benefit to the public in the decision can still be obtained without publication. Accordingly, I find that an order for suppression is justified. R Harvey-Lane 24 January 2025

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
[The tenant/s] must pay Accommodation Centre Limited As Agent For W & K Crisp Alexandra Lindsay $517.50 immediately, being for water rates.
All other claims are dismissed.

Reasons

Both parties attended the hearing.
The tenant has claimed for compensation and an order that they are not required to pay water rates. The landlord has made a cross application for outstanding water rates. Background
The landlord has issued a water rates usage invoice to the tenant for $517.60. It covers a six-month period between 12 February 2024 to 1 August 2024, being the standard billing cycle for the relevant council.
The landlord advises that this is a large amount of water usage for six months and is higher than any other invoices issued to other tenants in similar size properties and tenancies.
The tenant advises that this is a large section (specifically 792 sqm) and that they are required to keep the grass and gardens maintained which requires significant water.
The water usage is so high, that a plumber and the council have investigated to ensure that there are no issues with the water meter or leaking. No such issues have been found.
The tenancy agreement includes the following clause:
13 Utilities The rent is inclusive of normal water charges, but the Tenant will pay any excess water charges levied by the Council. Unless otherwise specified in the Special Conditions, the Tenant is responsible for arranging connection of electricity, gas, telephone and internet, and it responsible for all charges.
The tenant interprets this to mean that if they are using an amount of water proportionate to the tenancy (how many people, size of the property grounds etc.) then they do not have to pay any additional amount for water.
The landlord advises that the relevant council includes a base charge for water within its rates bills and then households paid a volumetric charge based on how much water is used. They say that normal water charges reflect the water charge in the rates bills, and any use above that is “excess water”, or in other words excess water charges just mean those charges exclusively attributable to the tenancy.
The tenant also claims compensation of $348.00 relating to a loss of income when attending the mediation for this issue. The law
Section 39(3) of the Residential Tenancies Act (RTA) provides: (3) The tenant is responsible for all outgoing in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities.
Section 39(4) of the RTA goes on to say, without limiting the clause above, that the tenant is responsible for the supply of water if the water supplier charges for water provided to the premises on the basis of consumption.
I accept that clause 1.13 in the tenancy agreement is vague and could (and has) create issues as a result. Neither normal water charges or excess water charges are defined, and it is open to interpretation as to what these terms mean.
The RTA does define what the tenant’s obligations are with respect to utilities and since a tenancy agreement cannot go further than the RTA, I find that it is appropriate to interpret clause 1.13 of the tenancy agreement in accordance with the RTA.
Accordingly, the tenant is liable to pay the landlord for water rates usage where it is exclusively attributable to the tenant. There is no reason here to find that the $517.60 is not exclusively attributable to the tenant.
I would suggest that the landlord consider the wording of clause 1.13 to make it clearer and more aligned to the RTA to prevent any confusion. Compensation claim and suppression
I accept that the tenant did have to take time off work to attend the mediation, but no evidence has been provided in support of actual amount of loss suffered by the tenant, and as the landlord submitted, both parties should wear their own costs with respect to this dispute. The claim for compensation is dismissed.
The tenant has applied for suppression. Although the tenant has not been successful, I find that due to vague wording of the clause in the tenancy agreement the tenant was warranted in seeking clarity on their obligations through the Tribunal. The interests of the tenant outweigh the public interests of name publication and any benefit to the public in the decision can still be obtained without publication. Accordingly, I find that an order for suppression is justified. R Harvey-Lane 24 January 2025

Tenancy Tribunal case 5038408 — Leaks

At a glance

Tenancy Tribunal case 5038408 — Leaks

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions