What was Tenancy Tribunal case 5130283 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 5130283?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5130283?

The dispute type was not classified.

Where can I read the official tribunal order for case 5130283?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11826813-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5130283 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 5130283?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5130283?

The dispute type was not classified.

Where can I read the official tribunal order for case 5130283?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11826813-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5130283 — Tenancy dispute

Tenantcheck Insights

Reasons

Both parties attended the hearing by telephone.

The Tenancy spanned from 7 January 2023 to 5 May 2024.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

The applicant claimed reimbursement of fixed charges for solar power energy used during their tenancy which equated to $1102.20.

In support of that claim, the Tenant produced invoices from the Solar power energy company which showed “SolarZero monthly charges” of $179.00. The Tenant submitted $100.00 of this charge was attributed to internet charges however the $79.00 was fixed fee charges which the Tenant submitted should be paid by the Landlord. There were also total energy and total delivery charges which varied each month.

Section 39(3) of the Residential Tenancies Act 1986 (“RTA”) states that tenants are responsible “for all outgoings that in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises

In considering the evidence, the applicant has not satisfied me that it is more likely than not the Tenant paid fixed fee charges for solar power. There was no evidence from Solarzero confirming that the $179.00 was a fixed fee charge or that $100.00 of this fee was incurred by internet use. The Tenant gave oral evidence that this was the case but i cannot confidently accept their breakdown of the $179.00 without any substantiating information. The Tenant could have been charged a fixed fee of $100.00 for the solar power for example. It is therefore uncertain how much the Tenant was being charged each month for the solar power fixed fees however it is the Tenants burden to prove this information. They need to provide evidence to prove their case.

For this reason, the claim is dismissed.

As the Applicant has not been successful, name suppression is not granted to the Tenant.

As the Respondent has been successful, name suppression is granted to the Landlord.

Reasons

Both parties attended the hearing by telephone.

The Tenancy spanned from 7 January 2023 to 5 May 2024.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

The applicant claimed reimbursement of fixed charges for solar power energy used during their tenancy which equated to $1102.20.

For this reason, the claim is dismissed.

As the Applicant has not been successful, name suppression is not granted to the Tenant.

As the Respondent has been successful, name suppression is granted to the Landlord.

Tenancy Tribunal case 5130283 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 5130283 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions