What was Tenancy Tribunal case 5362718 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] at 45 Gray Avenue, Paraparaumu Beach,

How much money was awarded in case 5362718?

Power: $531.80 awarded to landlord; Power: $1,024.57 awarded to tenant; Rent Arrears: $4,444.14 awarded to landlord

What type of tenancy dispute was case 5362718?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5362718?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12650762-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5362718 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] at 45 Gray Avenue, Paraparaumu Beach,

How much money was awarded in case 5362718?

Power: $531.80 awarded to landlord; Power: $1,024.57 awarded to tenant; Rent Arrears: $4,444.14 awarded to landlord

What type of tenancy dispute was case 5362718?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5362718?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12650762-Tenancy_Tribunal_Order.pdf.

45 Gray Avenue, Paraparaumu Beach, Paraparaumu 5032, Tenancy Tribunal Case 5362718 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5362718 — net $1,051.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$4,444.14		Rent arrears
Power	$531.80		Power
Power		$1,024.57	Power
Total award	$4,975.94	$1,024.57
Net award	$1,051.37
Total payable by Tenant to Landlord	$1,051.37

The tenancy of [The tenant/s] tenant/s] at 45 Gray Avenue, Paraparaumu Beach, Paraparaumu 5032, Front House is terminated, and possession is granted to Smart Property Management Limited As Agent For Luke Charlesworth, at 5pm on Wednesday 5 th November 2025.

[The tenant/s] tenant/s] must pay Smart Property Management Limited As Agent For Luke Charlesworth $1,051.37 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,900.00 (BN-00092884) to Smart Property Management Limited As Agent For Luke Charlesworth immediately.

Reasons

Both parties attended the hearing by teleconference. The applicant Company was represented by Ms Cambell. Background:

By way of background, Ms Hunter entered into a fixed term tenancy from 20 th May 2025 until 10 February 2927. The property was a front property that had a studio at the back of the property tenanted by another person who had their own separate tenancy.

The tenancy agreement provided that both properties shared power usage and that a ‘power usage measure on the studio’ would be used to measure the usage and that the fixed fees would be split between the two parties.

Ms Hunter took issue with the fact that the studio behind her property was occupied by a person who have CTV surveillance. She strongly opposed this and as a result this has caused her significant distress. Ms Hunter had sought a copy of the original advertisement for the tenancy as up until the date of the hearing had not received it. She said she would not have remained at the property had she known about the surveillance and that until she got the advertisement she would not vacate. She stated that the property was not what she signed up for.

Further, there was an issue with the power calculations and until she received payment for what she believed she was entitled to, she would not be leaving.

Given Ms Hunter’s frustration she stopped paying rent on 12 August 2025.

Whilst there had been an error in a payment, she made to another agency that has since been recovered by the applicant and this has been taken into consideration in the rent arrears calculations. The application:

Ms Cambell has applied for termination of the tenancy, rent arrears, payment of power, refund of the bond, reimbursement of the filing fee following the end of the tenancy. Ms Hunter claims for payment of a power bill she has rendered.

Ms Cambell has not sought payment of the early break fee. Rent arrears;

Rent was at least 21 days in arrears on the date the application was filed. The tenancy must be terminated immediately. See section 55(1)(a) Residential Tenancies Act 1986.

Ms Cambell provided rent records which prove the amount owing as at today’s date is $4237.00. As stated, the records show that the first rent payment was missed from 12 August 2025.

Ms Cambell has agreed to allow a further two days to allow Ms hunter to vacate, however that is at a further rate of $103.57 per day as the weekly rent is $725.00. The has been added to the total of rent arrears.

How much is owed for power?

The arrangement of the power is messy to say the least. I am told that the fixed fees were to be shared between the two properties and the metre readings would indicate usage and was to be paid by each of the tenants.

Ms Hunter did not accept the metre reading usage given the CTV camera, together with a further issue in relation to the garage use that the tenants were to share. Her claim is that given there is no way to properly and accurately record the power usage that the landlord should pay for the entire account.

Ms Hunter was upset at the CTV cameras and at one point disconnected the power. A 14 day notice was issued to her. The landlord then took it upon herself to put the power on in her name and render accounts to the tenants. 16 . The tenant has rendered a power account to the landlord for the other tenant to pay half for the period at the commencement of the tenancy when it was in her name. The landlord has rendered an account to Ms Hunter.

There is no independent evidence to say that the power usage would be anything different that would justify that the back tenants power usage was more. I do not accept that given this the owner should pay. Both tenants have to pay power as with rent. 18 .On the balance of probabilities without any further evidence to support how the electricity is to be divided, that the landlord owes the tenant half of the invoice she rendered. That of course is to be met in part at least by the other tenant who had free power for that time. That is a matter for them, however for this case I am making an award for an equal share given the landlord evidence that the metre read in essences shows an equal share.

In relation to the account that the landlord has rendered to the tenant for the remaining period, again there is no evidence to determine this and on the balance of probabilities I find it is due and owing by the tenant.

Because neither party has wholly nor substantially succeeded with the claim, I am not reimbursing the filing fee.

Neither party wished to seek suppression.

Claims and awards in Tenancy Tribunal application 5362718 — net $1,051.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$4,444.14		Rent arrears
Power	$531.80		Power
Power		$1,024.57	Power
Total award	$4,975.94	$1,024.57
Net award	$1,051.37
Total payable by Tenant to Landlord	$1,051.37

Order

The tenancy of [The tenant/s] tenant/s] at 45 Gray Avenue, Paraparaumu Beach, Paraparaumu 5032, Front House is terminated, and possession is granted to Smart Property Management Limited As Agent For Luke Charlesworth, at 5pm on Wednesday 5 th November 2025.
[The tenant/s] tenant/s] must pay Smart Property Management Limited As Agent For Luke Charlesworth $1,051.37 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,900.00 (BN-00092884) to Smart Property Management Limited As Agent For Luke Charlesworth immediately.

Reasons

Both parties attended the hearing by teleconference. The applicant Company was represented by Ms Cambell. Background:
By way of background, Ms Hunter entered into a fixed term tenancy from 20 th May 2025 until 10 February 2927. The property was a front property that had a studio at the back of the property tenanted by another person who had their own separate tenancy.
The tenancy agreement provided that both properties shared power usage and that a ‘power usage measure on the studio’ would be used to measure the usage and that the fixed fees would be split between the two parties.
Ms Hunter took issue with the fact that the studio behind her property was occupied by a person who have CTV surveillance. She strongly opposed this and as a result this has caused her significant distress. Ms Hunter had sought a copy of the original advertisement for the tenancy as up until the date of the hearing had not received it. She said she would not have remained at the property had she known about the surveillance and that until she got the advertisement she would not vacate. She stated that the property was not what she signed up for.
Further, there was an issue with the power calculations and until she received payment for what she believed she was entitled to, she would not be leaving.
Given Ms Hunter’s frustration she stopped paying rent on 12 August 2025.
Whilst there had been an error in a payment, she made to another agency that has since been recovered by the applicant and this has been taken into consideration in the rent arrears calculations. The application:
Ms Cambell has applied for termination of the tenancy, rent arrears, payment of power, refund of the bond, reimbursement of the filing fee following the end of the tenancy. Ms Hunter claims for payment of a power bill she has rendered.
Ms Cambell has not sought payment of the early break fee. Rent arrears;
Rent was at least 21 days in arrears on the date the application was filed. The tenancy must be terminated immediately. See section 55(1)(a) Residential Tenancies Act 1986.
Ms Cambell provided rent records which prove the amount owing as at today’s date is $4237.00. As stated, the records show that the first rent payment was missed from 12 August 2025.
Ms Cambell has agreed to allow a further two days to allow Ms hunter to vacate, however that is at a further rate of $103.57 per day as the weekly rent is $725.00. The has been added to the total of rent arrears.

How much is owed for power?

The arrangement of the power is messy to say the least. I am told that the fixed fees were to be shared between the two properties and the metre readings would indicate usage and was to be paid by each of the tenants.
Ms Hunter did not accept the metre reading usage given the CTV camera, together with a further issue in relation to the garage use that the tenants were to share. Her claim is that given there is no way to properly and accurately record the power usage that the landlord should pay for the entire account.
Ms Hunter was upset at the CTV cameras and at one point disconnected the power. A 14 day notice was issued to her. The landlord then took it upon herself to put the power on in her name and render accounts to the tenants. 16 . The tenant has rendered a power account to the landlord for the other tenant to pay half for the period at the commencement of the tenancy when it was in her name. The landlord has rendered an account to Ms Hunter.
There is no independent evidence to say that the power usage would be anything different that would justify that the back tenants power usage was more. I do not accept that given this the owner should pay. Both tenants have to pay power as with rent. 18 .On the balance of probabilities without any further evidence to support how the electricity is to be divided, that the landlord owes the tenant half of the invoice she rendered. That of course is to be met in part at least by the other tenant who had free power for that time. That is a matter for them, however for this case I am making an award for an equal share given the landlord evidence that the metre read in essences shows an equal share.
In relation to the account that the landlord has rendered to the tenant for the remaining period, again there is no evidence to determine this and on the balance of probabilities I find it is due and owing by the tenant.
Because neither party has wholly nor substantially succeeded with the claim, I am not reimbursing the filing fee.
Neither party wished to seek suppression.

Tenancy Tribunal case 5362718 — Rent arrears at 45 Gray Avenue, Paraparaumu Beach, Paraparaumu 5032,

At a glance

Tenancy Tribunal case 5362718 — Rent arrears at 45 Gray Avenue, Paraparaumu Beach, Paraparaumu 5032,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for power?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

How much is owed for power?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.