What was Tenancy Tribunal case 5060639 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 5060639?

Water Rates: $158.05 awarded to landlord; Water Rates: $1,585.80 awarded to landlord

What type of tenancy dispute was case 5060639?

The dispute type was not classified.

Where can I read the official tribunal order for case 5060639?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11486775-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5060639 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 5060639?

Water Rates: $158.05 awarded to landlord; Water Rates: $1,585.80 awarded to landlord

What type of tenancy dispute was case 5060639?

The dispute type was not classified.

Where can I read the official tribunal order for case 5060639?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11486775-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5060639 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 5060639 — net $1,743.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates: Half of water invoice dated 23/11/2023	$1,585.80	Water rates: Half of water invoice dated 23/11/2023
Water rates: Balance of water rates due to 23/01/2025	$158.05	Water rates: Balance of water rates due to 23/01/2025
Net award	$1,743.85
Total payable by Tenant to Landlord	$1,743.85

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
[The tenant/s] must pay [The landlord/s] $1,743.85 calculated as shown in the table below:
Unless paid by WINZ in one lump sum the tenant must pay the debt in order 2 at the rate of $20.00 per week.
The first payment must be made on Tuesday 4 March 2025 and payments must continue every Tuesday until the debt is paid in full.
If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court. DescriptionLandlord Water rates: Half of water invoice dated 23/11/2023$1,585.80 Water rates: Balance of water rates due to 23/01/2025$158.05 Total award$1,743.85 Total payable by Tenant to Landlord$1,743.85

Reasons

Both parties attended the hearing which took place by teleconference.
The landlord has applied for payment of water charges to 23 January 2025 in the sum of $3329.66. The landlord has provided a water summary which records that the amount claimed is largely due to an invoice from Watercare dated 23 November 2023 in the amount of $3171.61 which records that it is an actual reading. The October 2023 invoice was for the sum of $23.69.

Is the tenant liable for the water charges?

The tenant advised that she had paid $20.00 per week regularly towards her water charges. Towards the end of 2023 the tenant stated that she was told by her neighbour that there was water on the driveway. She contacted her property manager and Watercare about a leak. Watercare came to the premises and repaired a leak. Shortly afterwards the invoice for $3171.61 was issued for water. Both landlord and tenant assumed this related to the leak and Watercare was contacted for a rebate. Watercare responded that the invoice did not relate to the leak which was on the Watercare side of the meter but related to the fact that Watercare had not done an actual reading since early 2022 due to a dog at the premises.
The property manager sent the tenant communication towards the end of 2023 requesting that she email the water meter readings and the tenant began doing this in March 2024.
After considering the water summary it is evident that the tenant was not billed any water charges from May 2022 until March 2023. After March 2023 some estimate readings were charged to the tenant and then the large invoice in November 2023.
Section 39 of The Residential Tenancies Act 1986 provides that the landlord is responsible for all outgoings that apply whether or not the premises is occupied. That is why the landlord is responsible for fixed charges on the water bills. The tenant is responsible for all outgoings in respect of the tenancy premises that are exclusively attributable to the tenant’s occupation of the premises or the tenant’s use of the facilities.
In his decision in Woollams v Simpson CIV 2005-004-1583 16/3/2006 in the District Court in Auckland, Judge McElrea, observes that there is an implied term in a tenancy agreement that the landlord ought to provide accounts to the tenant at regular intervals so as to enable payment to be made. At paragraph 13 he states “... in my view, the implied term which I read into the Act and into this agreement is necessary in order to make the clause a workable one from a commercial point of view, and in order to decide this matter according to the substantial merits and justice of the case [as provided by s85(2) of the Residential Tenancies Act 1986]. At paragraph 9 he states that “For any tenant to be supplied with a bill for three years’ water rates at the end of a tenancy is, in my view, unconscionable.”
In the facts of this case the tenant was not supplied with water charges for approximately one year. The landlord was aware that nothing was being charged as the invoices were received monthly but did not take any action to investigate why no water was being charged until the large invoice was sent in November 2023.
Although I am satisfied that the amount invoiced was as result of reading the meter at the premises the tenant had no opportunity to consider the bill on a monthly basis and query any irregularities.
It is acknowledged that the presence of a dog at the premises contributed to the lack of meter reading but that does not absolve the landlord from all responsibility to investigate when no water is charged for almost one year.
Having considered the facts in this case in light of the decision of the District Court I am dismissing half of the charges claimed in the invoice dated 23 November 2023 and order the tenant to pay the sum of $1585.80. The balance of the arrears in the sum of $158.05 arose after the tenant was aware of the responsibility to send the meter reading to the landlord each month and this amount is ordered.
As the tenant has a lump sum to pay she advised that WINZ have indicated assistance with paying the water charges. She has an appointment tomorrow to discuss this. If WINZ do not agree to pay a lump sum immediately the tenant is ordered to repay the charges at a rate of $20.00 per week. Filing fee/Suppression
Because [The applicant/s] has not wholly succeeded with the claim I have not reimbursed the filing fee.
The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. The applicant has applied for suppression and although not wholly successful, has been substantially successful. Having considered the factors in this case the Tribunal considers that suppression of both parties’ names is appropriate as the interests of the parties outweighs the public interest in their names being published.

Claims and awards in Tenancy Tribunal application 5060639 — net $1,743.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates: Half of water invoice dated 23/11/2023	$1,585.80	Water rates: Half of water invoice dated 23/11/2023
Water rates: Balance of water rates due to 23/01/2025	$158.05	Water rates: Balance of water rates due to 23/01/2025
Net award	$1,743.85
Total payable by Tenant to Landlord	$1,743.85

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
[The tenant/s] must pay [The landlord/s] $1,743.85 calculated as shown in the table below:
Unless paid by WINZ in one lump sum the tenant must pay the debt in order 2 at the rate of $20.00 per week.
The first payment must be made on Tuesday 4 March 2025 and payments must continue every Tuesday until the debt is paid in full.
If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court. DescriptionLandlord Water rates: Half of water invoice dated 23/11/2023$1,585.80 Water rates: Balance of water rates due to 23/01/2025$158.05 Total award$1,743.85 Total payable by Tenant to Landlord$1,743.85

Reasons

Both parties attended the hearing which took place by teleconference.
The landlord has applied for payment of water charges to 23 January 2025 in the sum of $3329.66. The landlord has provided a water summary which records that the amount claimed is largely due to an invoice from Watercare dated 23 November 2023 in the amount of $3171.61 which records that it is an actual reading. The October 2023 invoice was for the sum of $23.69.

Is the tenant liable for the water charges?

The tenant advised that she had paid $20.00 per week regularly towards her water charges. Towards the end of 2023 the tenant stated that she was told by her neighbour that there was water on the driveway. She contacted her property manager and Watercare about a leak. Watercare came to the premises and repaired a leak. Shortly afterwards the invoice for $3171.61 was issued for water. Both landlord and tenant assumed this related to the leak and Watercare was contacted for a rebate. Watercare responded that the invoice did not relate to the leak which was on the Watercare side of the meter but related to the fact that Watercare had not done an actual reading since early 2022 due to a dog at the premises.
The property manager sent the tenant communication towards the end of 2023 requesting that she email the water meter readings and the tenant began doing this in March 2024.
After considering the water summary it is evident that the tenant was not billed any water charges from May 2022 until March 2023. After March 2023 some estimate readings were charged to the tenant and then the large invoice in November 2023.
Section 39 of The Residential Tenancies Act 1986 provides that the landlord is responsible for all outgoings that apply whether or not the premises is occupied. That is why the landlord is responsible for fixed charges on the water bills. The tenant is responsible for all outgoings in respect of the tenancy premises that are exclusively attributable to the tenant’s occupation of the premises or the tenant’s use of the facilities.
In his decision in Woollams v Simpson CIV 2005-004-1583 16/3/2006 in the District Court in Auckland, Judge McElrea, observes that there is an implied term in a tenancy agreement that the landlord ought to provide accounts to the tenant at regular intervals so as to enable payment to be made. At paragraph 13 he states “... in my view, the implied term which I read into the Act and into this agreement is necessary in order to make the clause a workable one from a commercial point of view, and in order to decide this matter according to the substantial merits and justice of the case [as provided by s85(2) of the Residential Tenancies Act 1986]. At paragraph 9 he states that “For any tenant to be supplied with a bill for three years’ water rates at the end of a tenancy is, in my view, unconscionable.”
In the facts of this case the tenant was not supplied with water charges for approximately one year. The landlord was aware that nothing was being charged as the invoices were received monthly but did not take any action to investigate why no water was being charged until the large invoice was sent in November 2023.
Although I am satisfied that the amount invoiced was as result of reading the meter at the premises the tenant had no opportunity to consider the bill on a monthly basis and query any irregularities.
It is acknowledged that the presence of a dog at the premises contributed to the lack of meter reading but that does not absolve the landlord from all responsibility to investigate when no water is charged for almost one year.
Having considered the facts in this case in light of the decision of the District Court I am dismissing half of the charges claimed in the invoice dated 23 November 2023 and order the tenant to pay the sum of $1585.80. The balance of the arrears in the sum of $158.05 arose after the tenant was aware of the responsibility to send the meter reading to the landlord each month and this amount is ordered.
As the tenant has a lump sum to pay she advised that WINZ have indicated assistance with paying the water charges. She has an appointment tomorrow to discuss this. If WINZ do not agree to pay a lump sum immediately the tenant is ordered to repay the charges at a rate of $20.00 per week. Filing fee/Suppression
Because [The applicant/s] has not wholly succeeded with the claim I have not reimbursed the filing fee.
The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. The applicant has applied for suppression and although not wholly successful, has been substantially successful. Having considered the factors in this case the Tribunal considers that suppression of both parties’ names is appropriate as the interests of the parties outweighs the public interest in their names being published.

Tenancy Tribunal case 5060639 — Tenancy dispute

At a glance

Tenancy Tribunal case 5060639 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant liable for the water charges?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is the tenant liable for the water charges?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions