What was Tenancy Tribunal case 5337446 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 5337446?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5337446?

The primary dispute was Unit Titles.

Where can I read the official tribunal order for case 5337446?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12609940-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5337446 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 5337446?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5337446?

The primary dispute was Unit Titles.

Where can I read the official tribunal order for case 5337446?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12609940-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5337446 — Unit Titles

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord and Tenant names and identifying details.
The tenant is liable to pay for water rates from the date that water consumption to the tenancy premises can be separately measured.
The landlord’s application for payment of water rates up to 15 August 2025 is dismissed.

Reasons

Both parties attended the hearing held by telephone (the landlord by its agent).
The landlord has made this application seeking payment of water charges totalling $1,575.73.
The tenant says she does not think she should be required to pay these because:- a. the original terms of her tenancy were that she was not liable to pay for water; and b. the water charges are not exclusively attributable to her use.
This tenancy started in 2016 with a different landlord.
The original tenancy agreement clearly stated that the tenant was not required to pay for water. 1
The property was sold to the current landlord and a new tenancy agreement was signed by both parties as from 5 July 2024.
The new tenancy agreement clearly states that the tenant is liable to pay for water (and electricity, telephone and gas charges). 2 Is the tenant liable to pay for water usage under the terms of the new tenancy agreement?
The tenant agrees she did sign the new tenancy agreement, and that the landlord told her at the time that she would be invoiced for water from then on.
She said she replied that she had never paid for water before. She assumed that the new tenancy agreement was on the same terms as the previous tenancy agreement and did not notice the change in the wording. The tenant points out that she has not paid any of the bills because she does not agree that she is liable for them.
The landlord agrees that the tenant’s recollection of events is correct.
The tenant is correct that a new landlord takes on any existing tenants on the same terms as the tenancy. The landlord was bound by the terms of the original tenancy agreement when it bought the property.
However, those terms were changed by the new tenancy agreement.
My decision is that the tenant has agreed to pay for water by signing the new tenancy agreement. It is a binding contract.
A written contract or agreement is nearly always binding. It is not a defence to later say that you did not read the contract or did not realise what you were signing.
The tenant said she had to sign the agreement that day but there is no evidence of pressure or misrepresentation by the landlord. The landlord told the tenant at the time the new tenancy agreement was signed that she would now be invoiced for water. It was made clear.
The tenant knew this was a change and yet signed the contract anyway. She may now regret that, but a signed contract should not easily be able to be gone back on. To do so would undermine the point of having a written contract in the first place. 1 Clause 5 of the tenancy agreement between the previous landlord and the tenant. 2 Clause 5a) of the tenancy agreement between the current landlord and the tenant.
The terms of the tenancy agreement signed by both parties and commencing from 5 July 2024 are binding.

Is the tenant required to pay the water charges claimed by the landlord?

The parties agree that the premises rented by the tenant are one part of a larger unit (unit 13) owned by the landlord. She lives on the top floor in a residential unit and below her is a commercial unit.
The property as a whole is part of a body corporate which is an entity made up of a group of owners. The body corporate receives the water bills and then passes these on to the owners.
The landlord agrees that up until recently (sometime in September 2025) there has been one water meter for unit 13. The landlord says that the downstairs part of unit 13 was untenanted until early February 2025 but since then has been leased out.
There is a toilet, bathroom, and kitchenette in the downstairs unit. There may also be an outside tap. Details of whether there are other fixtures using water were somewhat vague.
A tenant is responsible for all outgoings, like water, that are “exclusively attributable” to the tenant’s occupation or use; section 39 Residential Tenancies Act 1986 (RTA).
My decision is that the tenant is not liable to pay the water charges claimed by the landlord under this application. This is because the tenant’s water usage in her upstairs premises could not be separately measured over the time that these water charges relate to and there is insufficient information for me to estimate what this might be.
The landlord says the tenant’s water use can now be separately measured. I recommend the landlord obtain written confirmation from the plumber who installed the separate meter that only water used within the tenant’s premises is measured.
The landlord can then take note of the meter reading and use this to charge the consumption part of the water charges (not any fixed or daily charge) to the tenant in the future. Filing fee and suppression of names
I make no award for the filing fee.
Both parties have been partly successful in this matter, and both have genuinely held views about the issue. Their interests in privacy outweigh any public interest in their identities. I suppress both landlord and tenant names and the address of the premises.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord and Tenant names and identifying details.
The tenant is liable to pay for water rates from the date that water consumption to the tenancy premises can be separately measured.
The landlord’s application for payment of water rates up to 15 August 2025 is dismissed.

Reasons

Both parties attended the hearing held by telephone (the landlord by its agent).
The landlord has made this application seeking payment of water charges totalling $1,575.73.
The tenant says she does not think she should be required to pay these because:- a. the original terms of her tenancy were that she was not liable to pay for water; and b. the water charges are not exclusively attributable to her use.
This tenancy started in 2016 with a different landlord.
The original tenancy agreement clearly stated that the tenant was not required to pay for water. 1
The property was sold to the current landlord and a new tenancy agreement was signed by both parties as from 5 July 2024.
The new tenancy agreement clearly states that the tenant is liable to pay for water (and electricity, telephone and gas charges). 2 Is the tenant liable to pay for water usage under the terms of the new tenancy agreement?
The tenant agrees she did sign the new tenancy agreement, and that the landlord told her at the time that she would be invoiced for water from then on.
She said she replied that she had never paid for water before. She assumed that the new tenancy agreement was on the same terms as the previous tenancy agreement and did not notice the change in the wording. The tenant points out that she has not paid any of the bills because she does not agree that she is liable for them.
The landlord agrees that the tenant’s recollection of events is correct.
The tenant is correct that a new landlord takes on any existing tenants on the same terms as the tenancy. The landlord was bound by the terms of the original tenancy agreement when it bought the property.
However, those terms were changed by the new tenancy agreement.
My decision is that the tenant has agreed to pay for water by signing the new tenancy agreement. It is a binding contract.
A written contract or agreement is nearly always binding. It is not a defence to later say that you did not read the contract or did not realise what you were signing.
The tenant said she had to sign the agreement that day but there is no evidence of pressure or misrepresentation by the landlord. The landlord told the tenant at the time the new tenancy agreement was signed that she would now be invoiced for water. It was made clear.
The tenant knew this was a change and yet signed the contract anyway. She may now regret that, but a signed contract should not easily be able to be gone back on. To do so would undermine the point of having a written contract in the first place. 1 Clause 5 of the tenancy agreement between the previous landlord and the tenant. 2 Clause 5a) of the tenancy agreement between the current landlord and the tenant.
The terms of the tenancy agreement signed by both parties and commencing from 5 July 2024 are binding.

Is the tenant required to pay the water charges claimed by the landlord?

The parties agree that the premises rented by the tenant are one part of a larger unit (unit 13) owned by the landlord. She lives on the top floor in a residential unit and below her is a commercial unit.
The property as a whole is part of a body corporate which is an entity made up of a group of owners. The body corporate receives the water bills and then passes these on to the owners.
The landlord agrees that up until recently (sometime in September 2025) there has been one water meter for unit 13. The landlord says that the downstairs part of unit 13 was untenanted until early February 2025 but since then has been leased out.
There is a toilet, bathroom, and kitchenette in the downstairs unit. There may also be an outside tap. Details of whether there are other fixtures using water were somewhat vague.
A tenant is responsible for all outgoings, like water, that are “exclusively attributable” to the tenant’s occupation or use; section 39 Residential Tenancies Act 1986 (RTA).
My decision is that the tenant is not liable to pay the water charges claimed by the landlord under this application. This is because the tenant’s water usage in her upstairs premises could not be separately measured over the time that these water charges relate to and there is insufficient information for me to estimate what this might be.
The landlord says the tenant’s water use can now be separately measured. I recommend the landlord obtain written confirmation from the plumber who installed the separate meter that only water used within the tenant’s premises is measured.
The landlord can then take note of the meter reading and use this to charge the consumption part of the water charges (not any fixed or daily charge) to the tenant in the future. Filing fee and suppression of names
I make no award for the filing fee.
Both parties have been partly successful in this matter, and both have genuinely held views about the issue. Their interests in privacy outweigh any public interest in their identities. I suppress both landlord and tenant names and the address of the premises.

Tenancy Tribunal case 5337446 — Unit Titles

At a glance

Tenancy Tribunal case 5337446 — Unit Titles

At a glance

Claims & awards

Order

Reasons

Is the tenant required to pay the water charges claimed by the landlord?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Is the tenant required to pay the water charges claimed by the landlord?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions