How much money was awarded in case 5158112?

Compensation: $134.64 awarded to tenant; Filing Fee: $27.00 awarded to tenant; Reimbursement Of Electricity Fixed A…: $134.64 awarded to tenant

What type of tenancy dispute was case 5158112?

The dispute type was not classified.

Where can I read the official tribunal order for case 5158112?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11775425-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5158112?

Compensation: $134.64 awarded to tenant; Filing Fee: $27.00 awarded to tenant; Reimbursement Of Electricity Fixed A…: $134.64 awarded to tenant

What type of tenancy dispute was case 5158112?

The dispute type was not classified.

Where can I read the official tribunal order for case 5158112?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11775425-Tenancy_Tribunal_Order.pdf.

Unit/Flat 415, 35 Hobson Street, Auckland Central, Tenancy Tribunal Case 5158112 — Tenancy dispute

Q: What was the outcome of Tenancy Tribunal case 5158112?

The tribunal order states: Investment Citi Limited As Agent For Dst No 1 Limited must pay Petrina Erskine

Order

Claims and awards in Tenancy Tribunal application 5158112 — net $296.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Reimbursement of electricity fixed administration fee	$134.64	Reimbursement of electricity fixed administration fee
Compensation	$134.64	Compensation
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$296.28
Total payable by Landlord to Tenant	$296.28

Investment Citi Limited As Agent For Dst No 1 Limited must pay Petrina Erskine $296.28 immediately, calculated as shown in table below: DescriptionTenant Reimbursement of electricity fixed administration fee $134.64 Compensation $134.64 Filing fee reimbursement $27.00 Total award $296.28 Total payable by Landlord to Tenant $296.28

Reasons

Both parties attended the hearing.

The tenant rented a unit in an apartment block from the landlord from August 2021 to August 2022.

The tenant continues to live in the apartment block in a different unit with a different landlord.

The tenant has applied for reimbursement of an electricity administration fee she was charged throughout the tenancy, compensation, costs, reimbursement of a filing fee paid for a previous unit titles application filed and reimbursement of the filing fee on this application. Was the tenant charged a fixed electricity charge that was the responsibility of the landlord?

Section 39 of The Residential Tenancies Act 1986 (RTA) provides that the landlord is responsible for all outgoings that apply whether or not the premises is occupied. 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.

The tenant stated that when her tenancy commenced she made enquiries about power companies and was told that she had no choice of power company as all power for the building was supplied by SmartPower.

She stated that she noticed when she received her power invoice that there was a charge of $11.22 which was referred to as an administration fee.

The tenant stated that she queried this with her property manager at the time. She advised that her property manager changed on two further occasions and that she queried the charge each time but was told that she would have to sort the matter out with the power company.

The tenant queried the matter with the building management and with Smart Power.

She produced a copy of an email from the building manager to herself dated 20 July 2023 which states that the administration fee is a monthly fee that is charged by the body corporate as part of the SmartPower arrangement. The email details what the administration fee covers, some of which is managing communication and invoicing tenants, other details involve reviewing utility invoices and managing financial reporting. The fee is a fixed amount charged each month regardless of power usage at the premises.

Having considered the evidence I am satisfied that the tenant has proved on the balance of probabilities that the administration fee being passed on to her each month was not exclusively attributable to her occupation of the premises or use of the power. Therefore, the landlord is in breach of section 39 by charging this to the tenant.

This tenancy was for twelve months. The landlord agrees to reimburse the tenant the amount of $11.22 x 12 months totalling $134.64.

The tenant also seeks compensation for the breach.

Rather than out of pocket expenses the Tenants’ claim for compensation is in the nature of general damages for the stress and inconvenience of repeated communication to seek to resolve this matter. The Tribunal has jurisdiction to make such award pursuant to section 77(2)(n) of the Act: Eayrs v Hindmarsh, DC Wellington, TT223/93, 12 November 1993. The tenant acknowledged that initially all parties were unsure about the admin fee but the delays in getting the matter resolved have caused her ongoing stress. Awards of compensation are generally modest. Having considered the factors in this case I find it appropriate to order the landlord to pay a further $134.64 (which effectively doubles the admin fee reimbursement amount) in compensation.

Should the landlord be ordered to pay costs?

The tenant sought payment of her time and costs in preparation for this hearing.

Section 102 of the RTA states that the Tribunal has no power to award costs except where the proceedings brought by the tenant are vexatious or frivolous, the parties are represented by counsel, the matter ought reasonably to have been settled before a mediator or a party fails to attend the hearing without notice.

As none of the above factors apply in this case the Tribunal has no power to award costs.

The tenant further sought reimbursement of the $500.00 filing fee she paid previously to file an application against the Body Corporate in respect of the same matter. The tenant withdrew that application at the hearing on 11 December 2024 in order to file proceedings against the landlord pursuant to section 39 RTA. The Tribunal does not have the power to order the landlord in this case to reimburse that fee.

If reimbursement of the UTA filing fee is sought a request can be made by email to Tenancy Services (part of the Ministry of Innovations and Employment) who will consider and decide whether to grant the request.

The Tribunal does have the power to order the other party to reimburse the filing fee on this application. Because Petrina Erskine has substantially succeeded with the claim I have reimbursed the filing fee. See section 102(4)(b) RTA.

Claims and awards in Tenancy Tribunal application 5158112 — net $296.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Reimbursement of electricity fixed administration fee	$134.64	Reimbursement of electricity fixed administration fee
Compensation	$134.64	Compensation
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$296.28
Total payable by Landlord to Tenant	$296.28

Order

Investment Citi Limited As Agent For Dst No 1 Limited must pay Petrina Erskine $296.28 immediately, calculated as shown in table below: DescriptionTenant Reimbursement of electricity fixed administration fee $134.64 Compensation $134.64 Filing fee reimbursement $27.00 Total award $296.28 Total payable by Landlord to Tenant $296.28

Reasons

Both parties attended the hearing.
The tenant rented a unit in an apartment block from the landlord from August 2021 to August 2022.
The tenant continues to live in the apartment block in a different unit with a different landlord.
The tenant has applied for reimbursement of an electricity administration fee she was charged throughout the tenancy, compensation, costs, reimbursement of a filing fee paid for a previous unit titles application filed and reimbursement of the filing fee on this application. Was the tenant charged a fixed electricity charge that was the responsibility of the landlord?
Section 39 of The Residential Tenancies Act 1986 (RTA) provides that the landlord is responsible for all outgoings that apply whether or not the premises is occupied. 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.
The tenant stated that when her tenancy commenced she made enquiries about power companies and was told that she had no choice of power company as all power for the building was supplied by SmartPower.
She stated that she noticed when she received her power invoice that there was a charge of $11.22 which was referred to as an administration fee.
The tenant stated that she queried this with her property manager at the time. She advised that her property manager changed on two further occasions and that she queried the charge each time but was told that she would have to sort the matter out with the power company.
The tenant queried the matter with the building management and with Smart Power.
She produced a copy of an email from the building manager to herself dated 20 July 2023 which states that the administration fee is a monthly fee that is charged by the body corporate as part of the SmartPower arrangement. The email details what the administration fee covers, some of which is managing communication and invoicing tenants, other details involve reviewing utility invoices and managing financial reporting. The fee is a fixed amount charged each month regardless of power usage at the premises.
Having considered the evidence I am satisfied that the tenant has proved on the balance of probabilities that the administration fee being passed on to her each month was not exclusively attributable to her occupation of the premises or use of the power. Therefore, the landlord is in breach of section 39 by charging this to the tenant.
This tenancy was for twelve months. The landlord agrees to reimburse the tenant the amount of $11.22 x 12 months totalling $134.64.
The tenant also seeks compensation for the breach.
Rather than out of pocket expenses the Tenants’ claim for compensation is in the nature of general damages for the stress and inconvenience of repeated communication to seek to resolve this matter. The Tribunal has jurisdiction to make such award pursuant to section 77(2)(n) of the Act: Eayrs v Hindmarsh, DC Wellington, TT223/93, 12 November 1993. The tenant acknowledged that initially all parties were unsure about the admin fee but the delays in getting the matter resolved have caused her ongoing stress. Awards of compensation are generally modest. Having considered the factors in this case I find it appropriate to order the landlord to pay a further $134.64 (which effectively doubles the admin fee reimbursement amount) in compensation.

Should the landlord be ordered to pay costs?

The tenant sought payment of her time and costs in preparation for this hearing.
Section 102 of the RTA states that the Tribunal has no power to award costs except where the proceedings brought by the tenant are vexatious or frivolous, the parties are represented by counsel, the matter ought reasonably to have been settled before a mediator or a party fails to attend the hearing without notice.
As none of the above factors apply in this case the Tribunal has no power to award costs.
The tenant further sought reimbursement of the $500.00 filing fee she paid previously to file an application against the Body Corporate in respect of the same matter. The tenant withdrew that application at the hearing on 11 December 2024 in order to file proceedings against the landlord pursuant to section 39 RTA. The Tribunal does not have the power to order the landlord in this case to reimburse that fee.
If reimbursement of the UTA filing fee is sought a request can be made by email to Tenancy Services (part of the Ministry of Innovations and Employment) who will consider and decide whether to grant the request.
The Tribunal does have the power to order the other party to reimburse the filing fee on this application. Because Petrina Erskine has substantially succeeded with the claim I have reimbursed the filing fee. See section 102(4)(b) RTA.

Tenancy Tribunal case 5158112 — Tenancy dispute at Unit/Flat 415, 35 Hobson Street, Auckland Central,

At a glance

Tenancy Tribunal case 5158112 — Tenancy dispute at Unit/Flat 415, 35 Hobson Street, Auckland Central,

At a glance

Award balance

Claims & awards

Order

Reasons

Should the landlord be ordered to pay costs?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the landlord be ordered to pay costs?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions