What was Tenancy Tribunal case 5216451 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 5216451?

Compensation: Fixed charges to end o…: $247.68 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5216451?

The dispute type was not classified.

Where can I read the official tribunal order for case 5216451?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12040072-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5216451 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 5216451?

Compensation: Fixed charges to end o…: $247.68 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5216451?

The dispute type was not classified.

Where can I read the official tribunal order for case 5216451?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12040072-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5216451 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 5216451 — net $274.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Fixed charges to end of fixed term	$247.68	Fixed charges to end of fixed term
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$274.68
Total payable by Landlord to Tenant	$274.68

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
Comprende Limited As Agent For Chen Huang must pay [The tenant/s] $274.68 immediately, calculated as shown in table below: DescriptionTenant Compensation: Fixed charges to end of fixed term $247.68 Filing fee reimbursement $27.00 Total award $274.68 Total payable by Landlord to Tenant $274.68
If for any reason this tenancy ends prior to 19 January 2026 the landlord may apply for reimbursement from the tenant of any hot water fixed charges not yet charged.

Reasons

Both parties attended the hearing which took place on 3 June 2025 by teleconference.
The tenant rented an apartment in a block of units from the landlord. The tenancy is for a fixed term commencing on 20 December 2024 and ending on 19 January 2026.
The tenant claims that the landlord has breached their obligation in respect of the supply of water, in particular hot water, to the premises.
The tenancy agreement signed by the parties includes the statement under the heading Special Conditions which states, “Water is heated with Gas and is billed by the Body Corporate”.
The tenant advised that after the tenancy commenced he was informed that the Body Corporate had contracted the supply of hot water to Easy Energy and he was required to set up an account with them and would receive invoices directly from Easy Energy.
There was no other hot water option available to the tenant.
Easy Energy is a multi services utility provider that includes delivery of hot and cold water to residential apartment buildings.
There is a separate meter at the premises for the supply of hot water. The tenant has provided a copy of the fees provided to him by Easy Energy which are copied below:

FEES FOR WATER METERING

As at 01/11/2024

SUPPLY OF HOT WATER METERING

SERVICES Description Charges (excluding GST) Daily Service Charge $0.962per day plus GST - Residential Daily Service Charge $1.20 per day plus GST - Commercial Charge for hot water You are charged for the number of litres of hot water supplied to your apartment based on the cost of energy to heat the hot water you consume plus a 15% markup.

The tenant advised that initially he received hot water and then in March 2025 was contacted by the Body Corporate and told that he must open an account with Easy Energy and would be billed by them in accordance with the fee schedule provided above. The tenant initially refused to open an account and then after ongoing communication with the landlord where they would not agree to pay the fixed charges or the bond he opened an account with Easy Energy to enable his supply of hot water to continue.
The tenant is now seeking compensation, for the breach claimed, by way of payment from the landlord of the fixed daily service charges due from the date he opened an account being 7 May 2025 until the end of the fixed term, this is a total of 36 weeks and 6 days at a rate of 0.96 per day which totals $247.68.
The billing information letter provided to the tenant by Easy Energy includes the statement: “• Fixed charge – This charge is a daily charge which consists of our costs associated with the delivery of hot water to the apartment.”
The tenant claims that as the fixed daily service charge is charged because the hot water is connected but does not relate to usage that this is a landlord responsibility.
The landlord disputes the claim. The property manager stated that this is a new apartment building, and that the landlord mistakenly believed the body corporate would bill the tenant for hot water but subsequently discovered that Easy Energy had been contracted to provide this service.
The landlord claimed that the hot water was not supplied to the apartment unless the tenant was in occupation, therefore, all charges including the fixed charge should be the tenant’s responsibility. No evidence was provided that the water would be cut off in between tenancies but the property manager stated that she was aware that this was how Easy Energy operated in other apartment buildings.
The tenant gave evidence that in this case the hot water was on at the apartment prior to him opening his account with Easy Energy in May 2025. The Law
Section 39 (1) and (3) of the Residential Tenancies Act 1986 sets out the relevant law regarding outgoings for a premises which includes water and states the following: (1)The landlord is responsible for all outgoings in respect of the premises that— (a)are incurred whether or not the premises are occupied; and (b)are incurred for common facilities. (3)The tenant is responsible for all outgoings 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.
As the hot water is metered through a separate water meter and billed according to usage this is an outgoing exclusively attributed to the tenant’s occupation of the premises or use of the facilities.
The Tenancy Tribunal has recently considered Easy Energy fixed water charges in the case numbered TT 5212772.
In that case the adjudicator stated the following: ”19. In this case, the evidence shows that the Tenants were the ones responsible for ensuring there was a supply of water to the premises and paying for the infrastructure cost of that supply. The Landlord says that this is because the cost of supplying water to the premises was exclusively attributable to the tenants’ occupation of the premises because no fixed charge is payable while the premises are unoccupied. The Landlord says that the Tenants are therefore liable for this cost under section 39(3) of the RTA, as the fixed charge is an outgoing exclusively attributable to the tenants’ occupation of the premises.
I disagree. The phrase “exclusively attributable” means wholly caused by. That is the plain meaning of those words. It follows that the Tenants will not be liable for outgoings that are not wholly caused by their occupation of the premises or their use of the facilities.
Based upon the information provided by the parties, I am satisfied that the fixed charge is not an outgoing wholly caused by the Tenants’ occupation of the premises. I accept that the charge is only imposed when the premises are occupied, and in that sense, it is arguable that the charge is attributable to the Tenants’ occupation, because it was only triggered by their occupation of the premises.
However, the underlying cost recovered by the fixed charge is not exclusively attributable to the Tenants’ occupation...”
Having considered the evidence in this case I find that it is appropriate to follow the previous decision of the Tribunal and find on the balance of probabilities that the fixed daily charges are costs associated with the delivery of hot water to the apartment as stated in the Easy Energy letter to the tenant and as such are an infrastructure cost and not exclusively attributable the tenant’s occupation or use of the premises.
Therefore, I find it appropriate that the landlord pay the fixed charges from the commencement of the tenant’s energy contract on 7 May 2025 until the end of the fixed term, this is calculated as 36 weeks and 6 days at a rate of 0.96 per day which totals $247.68.
If for any reason this tenancy ends prior to 19 January 2026 the landlord may seek a credit from the tenant for the fixed charges not yet charged.
As the bond is refundable to the tenant the landlord will not be ordered to reimburse this.
Because the tenant has substantially succeeded with the claim, I must reimburse the filing fee and suppress the tenant details in the order as applied for. See sections 102(4) and 95A(1) Residential Tenancies Act 1986.

Claims and awards in Tenancy Tribunal application 5216451 — net $274.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Fixed charges to end of fixed term	$247.68	Fixed charges to end of fixed term
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$274.68
Total payable by Landlord to Tenant	$274.68

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
Comprende Limited As Agent For Chen Huang must pay [The tenant/s] $274.68 immediately, calculated as shown in table below: DescriptionTenant Compensation: Fixed charges to end of fixed term $247.68 Filing fee reimbursement $27.00 Total award $274.68 Total payable by Landlord to Tenant $274.68
If for any reason this tenancy ends prior to 19 January 2026 the landlord may apply for reimbursement from the tenant of any hot water fixed charges not yet charged.

Reasons

Both parties attended the hearing which took place on 3 June 2025 by teleconference.
The tenant rented an apartment in a block of units from the landlord. The tenancy is for a fixed term commencing on 20 December 2024 and ending on 19 January 2026.
The tenant claims that the landlord has breached their obligation in respect of the supply of water, in particular hot water, to the premises.
The tenancy agreement signed by the parties includes the statement under the heading Special Conditions which states, “Water is heated with Gas and is billed by the Body Corporate”.
The tenant advised that after the tenancy commenced he was informed that the Body Corporate had contracted the supply of hot water to Easy Energy and he was required to set up an account with them and would receive invoices directly from Easy Energy.
There was no other hot water option available to the tenant.
Easy Energy is a multi services utility provider that includes delivery of hot and cold water to residential apartment buildings.
There is a separate meter at the premises for the supply of hot water. The tenant has provided a copy of the fees provided to him by Easy Energy which are copied below:

FEES FOR WATER METERING

As at 01/11/2024

SUPPLY OF HOT WATER METERING

The tenant advised that initially he received hot water and then in March 2025 was contacted by the Body Corporate and told that he must open an account with Easy Energy and would be billed by them in accordance with the fee schedule provided above. The tenant initially refused to open an account and then after ongoing communication with the landlord where they would not agree to pay the fixed charges or the bond he opened an account with Easy Energy to enable his supply of hot water to continue.
The tenant is now seeking compensation, for the breach claimed, by way of payment from the landlord of the fixed daily service charges due from the date he opened an account being 7 May 2025 until the end of the fixed term, this is a total of 36 weeks and 6 days at a rate of 0.96 per day which totals $247.68.
The billing information letter provided to the tenant by Easy Energy includes the statement: “• Fixed charge – This charge is a daily charge which consists of our costs associated with the delivery of hot water to the apartment.”
The tenant claims that as the fixed daily service charge is charged because the hot water is connected but does not relate to usage that this is a landlord responsibility.
The landlord disputes the claim. The property manager stated that this is a new apartment building, and that the landlord mistakenly believed the body corporate would bill the tenant for hot water but subsequently discovered that Easy Energy had been contracted to provide this service.
The landlord claimed that the hot water was not supplied to the apartment unless the tenant was in occupation, therefore, all charges including the fixed charge should be the tenant’s responsibility. No evidence was provided that the water would be cut off in between tenancies but the property manager stated that she was aware that this was how Easy Energy operated in other apartment buildings.
The tenant gave evidence that in this case the hot water was on at the apartment prior to him opening his account with Easy Energy in May 2025. The Law
Section 39 (1) and (3) of the Residential Tenancies Act 1986 sets out the relevant law regarding outgoings for a premises which includes water and states the following: (1)The landlord is responsible for all outgoings in respect of the premises that— (a)are incurred whether or not the premises are occupied; and (b)are incurred for common facilities. (3)The tenant is responsible for all outgoings 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.
As the hot water is metered through a separate water meter and billed according to usage this is an outgoing exclusively attributed to the tenant’s occupation of the premises or use of the facilities.
The Tenancy Tribunal has recently considered Easy Energy fixed water charges in the case numbered TT 5212772.
In that case the adjudicator stated the following: ”19. In this case, the evidence shows that the Tenants were the ones responsible for ensuring there was a supply of water to the premises and paying for the infrastructure cost of that supply. The Landlord says that this is because the cost of supplying water to the premises was exclusively attributable to the tenants’ occupation of the premises because no fixed charge is payable while the premises are unoccupied. The Landlord says that the Tenants are therefore liable for this cost under section 39(3) of the RTA, as the fixed charge is an outgoing exclusively attributable to the tenants’ occupation of the premises.
I disagree. The phrase “exclusively attributable” means wholly caused by. That is the plain meaning of those words. It follows that the Tenants will not be liable for outgoings that are not wholly caused by their occupation of the premises or their use of the facilities.
Based upon the information provided by the parties, I am satisfied that the fixed charge is not an outgoing wholly caused by the Tenants’ occupation of the premises. I accept that the charge is only imposed when the premises are occupied, and in that sense, it is arguable that the charge is attributable to the Tenants’ occupation, because it was only triggered by their occupation of the premises.
However, the underlying cost recovered by the fixed charge is not exclusively attributable to the Tenants’ occupation...”
Having considered the evidence in this case I find that it is appropriate to follow the previous decision of the Tribunal and find on the balance of probabilities that the fixed daily charges are costs associated with the delivery of hot water to the apartment as stated in the Easy Energy letter to the tenant and as such are an infrastructure cost and not exclusively attributable the tenant’s occupation or use of the premises.
Therefore, I find it appropriate that the landlord pay the fixed charges from the commencement of the tenant’s energy contract on 7 May 2025 until the end of the fixed term, this is calculated as 36 weeks and 6 days at a rate of 0.96 per day which totals $247.68.
If for any reason this tenancy ends prior to 19 January 2026 the landlord may seek a credit from the tenant for the fixed charges not yet charged.
As the bond is refundable to the tenant the landlord will not be ordered to reimburse this.
Because the tenant has substantially succeeded with the claim, I must reimburse the filing fee and suppress the tenant details in the order as applied for. See sections 102(4) and 95A(1) Residential Tenancies Act 1986.

Tenancy Tribunal case 5216451 — Tenancy dispute

At a glance

Tenancy Tribunal case 5216451 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

FEES FOR WATER METERING

SUPPLY OF HOT WATER METERING

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

FEES FOR WATER METERING

SUPPLY OF HOT WATER METERING

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions