What was the outcome of Tenancy Tribunal case 5287379?

The tribunal order states: Helene Ann Hewetson must pay Xstatic Enterprise Nz Limited $4,602.00

How much money was awarded in case 5287379?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,275.00 awarded to landlord

What type of tenancy dispute was case 5287379?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5287379?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12229948-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5287379?

The tribunal order states: Helene Ann Hewetson must pay Xstatic Enterprise Nz Limited $4,602.00

How much money was awarded in case 5287379?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,275.00 awarded to landlord

What type of tenancy dispute was case 5287379?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5287379?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12229948-Tenancy_Tribunal_Order.pdf.

994 Maungatapu Road, Pelorus Bridge, RD 2, Rai Valley Tenancy Tribunal Case 5287379 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5287379 — net $4,602.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 August 2025	$5,275.00	Rent arrears to 2 August 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,602.00
Total payable by Tenant to Landlord	$4,602.00

The landlord attended the hearing which was held by teleconference and was represented by Amanda Holt. The tenant did not answer any of the five calls made at the scheduled time on the two numbers provided to the Tribunal.

The tenant has been served by email which is an address for service on her tenancy agreement.

Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.

The landlord has applied for rent arrears, compensation, reimbursement of the filing fee and refund of the bond.

How much is owed for rent and utilities?

The landlord explained that this tenancy was for a farmhouse on a farm. The farmhouse that this application relates to is the only farmhouse on the farm. The farm is used by the landlord, but the farmhouse was for the exclusive use of the tenant. Power was supplied to the farm and farmhouse through one metre. Other than the farmhouse, the only power used on the farm was a nominal amount for one fridge and the electric fences.

The tenancy began on 19 January 2023 and ended on 2 August 2025. At the start of the tenancy the tenant was being charged $350.00 per week for rent and utilities, being power and internet. Of the $350.00, $50.00 per week was the agreed amount for utilities. The internet charges were $119.75 per month. This amounts to approximately $27.63 per week. After 29 August 2023 the rent was reduced to $200.00 per week. On 8 May 2025 the rent was increased to $350.00 per week.

Under section 39 of the Residential Tenancies Act, 1986, (the “RTA”) a tenant is only liable for the portion of utilities that can be exclusively attributed to them. This section was considered in the case of Graeme Geraghty Leonie Jones v Urupani Raui [2019] NZDC 3813, and the Court held that section 85 of the RTA can be applied to disputes where for instance a power check metre has not been installed, but the tenant has had the use of power throughout the tenancy.

Section 85 of the RTA requires the Tribunal to determine each dispute according to the general principles of the law relating to the matter and the substantial merits and justice of the case, but not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities.

These circumstances are relevant to this case because no check metre was installed to record the tenant’s exclusive use of the power, it is not disputed that the tenant used power, and the information provided by the landlord persuades me that the power being charged to the tenant is a very reasonable amount.

As at 29 August 2023 the tenant owed $3,260.00 for rent arrears and utilities. The landlord stated that she is not claiming this amount. However she is claiming the rent arrears that has accrued between 29 August 2023 and the end of the tenancy on 2 August 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy is $5,275.00 for rent and utilities.

Because Xstatic Enterprise Nz Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5287379 — net $4,602.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 August 2025	$5,275.00	Rent arrears to 2 August 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,602.00
Total payable by Tenant to Landlord	$4,602.00

Order

Helene Ann Hewetson must pay Xstatic Enterprise Nz Limited $4,602.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $700.00 (5966872-001) to Xstatic Enterprise Nz Limited immediately.

Reasons

The landlord attended the hearing which was held by teleconference and was represented by Amanda Holt. The tenant did not answer any of the five calls made at the scheduled time on the two numbers provided to the Tribunal.
The tenant has been served by email which is an address for service on her tenancy agreement.
Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
The landlord has applied for rent arrears, compensation, reimbursement of the filing fee and refund of the bond.

How much is owed for rent and utilities?

The landlord explained that this tenancy was for a farmhouse on a farm. The farmhouse that this application relates to is the only farmhouse on the farm. The farm is used by the landlord, but the farmhouse was for the exclusive use of the tenant. Power was supplied to the farm and farmhouse through one metre. Other than the farmhouse, the only power used on the farm was a nominal amount for one fridge and the electric fences.
The tenancy began on 19 January 2023 and ended on 2 August 2025. At the start of the tenancy the tenant was being charged $350.00 per week for rent and utilities, being power and internet. Of the $350.00, $50.00 per week was the agreed amount for utilities. The internet charges were $119.75 per month. This amounts to approximately $27.63 per week. After 29 August 2023 the rent was reduced to $200.00 per week. On 8 May 2025 the rent was increased to $350.00 per week.
Under section 39 of the Residential Tenancies Act, 1986, (the “RTA”) a tenant is only liable for the portion of utilities that can be exclusively attributed to them. This section was considered in the case of Graeme Geraghty Leonie Jones v Urupani Raui [2019] NZDC 3813, and the Court held that section 85 of the RTA can be applied to disputes where for instance a power check metre has not been installed, but the tenant has had the use of power throughout the tenancy.
Section 85 of the RTA requires the Tribunal to determine each dispute according to the general principles of the law relating to the matter and the substantial merits and justice of the case, but not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities.
These circumstances are relevant to this case because no check metre was installed to record the tenant’s exclusive use of the power, it is not disputed that the tenant used power, and the information provided by the landlord persuades me that the power being charged to the tenant is a very reasonable amount.
As at 29 August 2023 the tenant owed $3,260.00 for rent arrears and utilities. The landlord stated that she is not claiming this amount. However she is claiming the rent arrears that has accrued between 29 August 2023 and the end of the tenancy on 2 August 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy is $5,275.00 for rent and utilities.
Because Xstatic Enterprise Nz Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5287379 — Rent arrears at 994 Maungatapu Road, Pelorus Bridge, RD 2, Rai Valley

At a glance

Tenancy Tribunal case 5287379 — Rent arrears at 994 Maungatapu Road, Pelorus Bridge, RD 2, Rai Valley

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and utilities?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and utilities?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions