What was Tenancy Tribunal case 5383521 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 5383521?

Filing Fee: $28.00 awarded to landlord; Power Charges Outstanding For Period…: $523.85 awarded to landlord; Rent Arrears: $255.00 awarded to landlord

What type of tenancy dispute was case 5383521?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5383521?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13051944-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5383521 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 5383521?

Filing Fee: $28.00 awarded to landlord; Power Charges Outstanding For Period…: $523.85 awarded to landlord; Rent Arrears: $255.00 awarded to landlord

What type of tenancy dispute was case 5383521?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5383521?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13051944-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5383521 — Rent arrears

Claims and awards in Tenancy Tribunal application 5383521 — net $806.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$255.00	Rent arrears
Power charges outstanding for period 3 March - 28 December 2025	$523.85	Power charges outstanding for period 3 March - 28 December 2025
Filing fee reimbursement	$28.00	claim for outstanding power costs. I will award the landlord the filing fee for their application.
Net award	$806.85
Total payable by Tenant to Landlord	$806.85

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
must pay immediately, calculated as shown in table below:

Reasons

Background

The tenancy began in August 2024. [Previous property management company] was the property manager at that time.
Property Scouts Whangarei took over management of the tenancy in February 2025.
The property at [Tenancy address suppressed] has two tenanted areas – a 3- bedroom home (which [The tenant/s] occupies) and a smaller attached “unit” (a converted garage).
The landlord and tenant both filed applications relating to issues / concerns about water and power charges. Water
[The tenant/s] said that she was not invoiced for water use during the period of [Previous property management company]’s management of the tenancy.
Property Scouts issued an invoice for water use, but reversed that invoice in September 2025.
Mr Kennedy explained that he reversed the invoice because he discovered that the terms of the original tenancy agreement were that the tenant was not required to pay for water (it was included in the rent).
On 25 September 2025 Property Scouts sent [The tenant/s] an email stating: This email serves as formal notice that, effective 31/12/25 you will be responsible for paying the water usage charges for the property located at [Tenancy address suppressed]
Mr Kennedy said that more than 12-months had passed since the start of the tenancy, so, on analogy with the landlord’s power to increase the rent by notice after 12-months 1 , he considered it appropriate to give notice to require the tenant to pay for water.
I was provided with a copy, possibly a partial copy, of the tenancy agreement between [The tenant/s] and [Previous property management company]. I cannot see any part of the agreement that states that water is included in the rent. However, there may be an ‘additional clauses’ part of the agreement that I was not provided with.
In any event, it is common ground between the landlord and tenant that water was included in rent in that agreement.
In that case, my finding is that Property Scouts is not entitled to vary the terms of that agreement by giving notice.
A tenancy agreement is a contract and it is a basic principle of contract law that contracts cannot be varied unilaterally. Variations require the agreement of both parties. 2 1 Section 24(1)(d) Residential Tenancies Act 1986 (“RTA”) 2 In the case of a tenancy agreement, the variation must be signed by both the landlord and tenant (section 13B(1) RTA)
The only exception to this is where a specific legal power is conferred on one of the parties – such as the power conferred on landlords to increase the rent without requiring the tenant’s consent.
There is no such power that the landlord can rely on in this instance.
Therefore I find that the landlord’s notice is ineffective. The terms of the original tenancy agreement have not changed. Power
There is only one main power meter to the property. There is a sub-meter, which records the power use of [adjoining unit].
The power retailer (Meridian Energy in this instance) issues a monthly invoice for the main meter.
Tenants only pay for outgoings that they consume.
Therefore, the landlord was required to calculate [The tenant/s]’s power use by taking the invoice for the main meter, deducting the power used by the tenant of [adjoining unit], and invoicing [The tenant/s] for the balance.
There were some complicating factors here. The Meridian Energy invoice includes a fixed charge that must be apportioned. The consumption charge is split into “controlled” (a lower rate) and “anytime”.
Mr Kennedy acknowledged that there were some errors in Property Scout’s calculations and invoices for power.
Having heard from Mr Kennedy I am satisfied that he has a clear and correct understanding of how [The tenant/s]’s power use should be calculated. Mr Kennedy carried out a review of Property Scout’s invoices and he corrected the amounts where appropriate. His re-calculation of [The tenant/s]’s power use for the period 3 March to 28 December 2025 was $1,776.85, a figure that [The tenant/s] accepted.
[The tenant/s] paid $1,253.00 over that period, leaving a balance owing of $523.85.
Going forward, Mr Kennedy will provide [The tenant/s] with a copy of the Meridian Energy invoice, evidence of the sub-meter reading, and his calculation of [The tenant/s]’s power use on a monthly basis.
[The tenant/s] agreed that the fixed charge could be split 50/50 between herself and [adjoining unit]. Rent arrears
At the hearing Mr Kennedy noted that there are 10-days of rent arrears.
[The tenant/s] made a rent payment yesterday, which is not yet showing in the landlord’s account. This will reduce the amount of arrears to 3-days.
[The tenant/s] did not dispute the 3-days’ arrears, and she agreed that it is appropriate to include the rent arrears in this order. Filing fee, name suppression
Property Scouts was successful in its claim for outstanding power costs. I will award the landlord the filing fee for their application. 3
[The tenant/s] raised legitimate concerns / issues in respect of water and power. The primary purpose of her application, and her disputing the landlord’s invoices, was to obtain clarity around those issues. [The tenant/s] should not suffer any disadvantage as a consequence of her exercising her legal right to bring the dispute to the Tenancy Tribunal. For that reason, I will grant name suppression.
At the hearing [The tenant/s] said that she intends to pay the rent arrears first and to pay the power in a lump sum if she is able to obtain assistance. If that is not possible, she will pay the power arrears in instalments over a period of time. Mr Kennedy said that he is agreeable to that type of arrangement.

Claims and awards in Tenancy Tribunal application 5383521 — net $806.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$255.00	Rent arrears
Power charges outstanding for period 3 March - 28 December 2025	$523.85	Power charges outstanding for period 3 March - 28 December 2025
Filing fee reimbursement	$28.00	claim for outstanding power costs. I will award the landlord the filing fee for their application.
Net award	$806.85
Total payable by Tenant to Landlord	$806.85

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
must pay immediately, calculated as shown in table below:

Reasons

Background

The tenancy began in August 2024. [Previous property management company] was the property manager at that time.
Property Scouts Whangarei took over management of the tenancy in February 2025.
The property at [Tenancy address suppressed] has two tenanted areas – a 3- bedroom home (which [The tenant/s] occupies) and a smaller attached “unit” (a converted garage).
The landlord and tenant both filed applications relating to issues / concerns about water and power charges. Water
[The tenant/s] said that she was not invoiced for water use during the period of [Previous property management company]’s management of the tenancy.
Property Scouts issued an invoice for water use, but reversed that invoice in September 2025.
Mr Kennedy explained that he reversed the invoice because he discovered that the terms of the original tenancy agreement were that the tenant was not required to pay for water (it was included in the rent).
On 25 September 2025 Property Scouts sent [The tenant/s] an email stating: This email serves as formal notice that, effective 31/12/25 you will be responsible for paying the water usage charges for the property located at [Tenancy address suppressed]
Mr Kennedy said that more than 12-months had passed since the start of the tenancy, so, on analogy with the landlord’s power to increase the rent by notice after 12-months 1 , he considered it appropriate to give notice to require the tenant to pay for water.
I was provided with a copy, possibly a partial copy, of the tenancy agreement between [The tenant/s] and [Previous property management company]. I cannot see any part of the agreement that states that water is included in the rent. However, there may be an ‘additional clauses’ part of the agreement that I was not provided with.
In any event, it is common ground between the landlord and tenant that water was included in rent in that agreement.
In that case, my finding is that Property Scouts is not entitled to vary the terms of that agreement by giving notice.
A tenancy agreement is a contract and it is a basic principle of contract law that contracts cannot be varied unilaterally. Variations require the agreement of both parties. 2 1 Section 24(1)(d) Residential Tenancies Act 1986 (“RTA”) 2 In the case of a tenancy agreement, the variation must be signed by both the landlord and tenant (section 13B(1) RTA)
The only exception to this is where a specific legal power is conferred on one of the parties – such as the power conferred on landlords to increase the rent without requiring the tenant’s consent.
There is no such power that the landlord can rely on in this instance.
Therefore I find that the landlord’s notice is ineffective. The terms of the original tenancy agreement have not changed. Power
There is only one main power meter to the property. There is a sub-meter, which records the power use of [adjoining unit].
The power retailer (Meridian Energy in this instance) issues a monthly invoice for the main meter.
Tenants only pay for outgoings that they consume.
Therefore, the landlord was required to calculate [The tenant/s]’s power use by taking the invoice for the main meter, deducting the power used by the tenant of [adjoining unit], and invoicing [The tenant/s] for the balance.
There were some complicating factors here. The Meridian Energy invoice includes a fixed charge that must be apportioned. The consumption charge is split into “controlled” (a lower rate) and “anytime”.
Mr Kennedy acknowledged that there were some errors in Property Scout’s calculations and invoices for power.
Having heard from Mr Kennedy I am satisfied that he has a clear and correct understanding of how [The tenant/s]’s power use should be calculated. Mr Kennedy carried out a review of Property Scout’s invoices and he corrected the amounts where appropriate. His re-calculation of [The tenant/s]’s power use for the period 3 March to 28 December 2025 was $1,776.85, a figure that [The tenant/s] accepted.
[The tenant/s] paid $1,253.00 over that period, leaving a balance owing of $523.85.
Going forward, Mr Kennedy will provide [The tenant/s] with a copy of the Meridian Energy invoice, evidence of the sub-meter reading, and his calculation of [The tenant/s]’s power use on a monthly basis.
[The tenant/s] agreed that the fixed charge could be split 50/50 between herself and [adjoining unit]. Rent arrears
At the hearing Mr Kennedy noted that there are 10-days of rent arrears.
[The tenant/s] made a rent payment yesterday, which is not yet showing in the landlord’s account. This will reduce the amount of arrears to 3-days.
[The tenant/s] did not dispute the 3-days’ arrears, and she agreed that it is appropriate to include the rent arrears in this order. Filing fee, name suppression
Property Scouts was successful in its claim for outstanding power costs. I will award the landlord the filing fee for their application. 3
[The tenant/s] raised legitimate concerns / issues in respect of water and power. The primary purpose of her application, and her disputing the landlord’s invoices, was to obtain clarity around those issues. [The tenant/s] should not suffer any disadvantage as a consequence of her exercising her legal right to bring the dispute to the Tenancy Tribunal. For that reason, I will grant name suppression.
At the hearing [The tenant/s] said that she intends to pay the rent arrears first and to pay the power in a lump sum if she is able to obtain assistance. If that is not possible, she will pay the power arrears in instalments over a period of time. Mr Kennedy said that he is agreeable to that type of arrangement.

Tenancy Tribunal case 5383521 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5383521 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions