What was Tenancy Tribunal case 5422712 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat Flat 3, 140 Ngapuhi Road,

How much money was awarded in case 5422712?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $7,950.00 awarded to landlord; Water Rates: $75.00 awarded to landlord

What type of tenancy dispute was case 5422712?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5422712?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13293903-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5422712 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat Flat 3, 140 Ngapuhi Road,

How much money was awarded in case 5422712?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $7,950.00 awarded to landlord; Water Rates: $75.00 awarded to landlord

What type of tenancy dispute was case 5422712?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5422712?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13293903-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 3, 140 Ngapuhi Road, Remuera, Auckland Tenancy Tribunal Case 5422712 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5422712 — net $5,933.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 March 2026	$7,950.00	Rent arrears to 16 March 2026
Water rates to reading 25 February 2026	$75.00	Water rates to reading 25 February 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,933.00
Total payable by Tenant to Landlord	$5,933.00

The tenancy of [The tenant/s] at Unit/Flat Flat 3, 140 Ngapuhi Road, Remuera, Auckland 1050 is terminated, and possession is granted to NZPro Property Management Limited t/a LJ Hooker Mt Albert Ltd as Agents for Mount M Holdings Ltd, immediately.

The Bond Centre is to pay the bond of $2,120.00 (BN-10000566) to NZPro Property Management Limited t/a LJ Hooker Mt Albert Ltd as Agents for Mount M Holdings Ltd immediately.

[The tenant/s] must pay NZPro Property Management Limited t/a LJ Hooker Mt Albert Ltd as Agents for Mount M Holdings Ltd $5,933.00 immediately, calculated as shown below:

Reasons

The landlord attended the hearing which was scheduled by videoconference. The tenant did not attend but was able to contacted by phone. The tenant said her phone was low on battery and that she would need to charge it. The call was disconnected. Two follow up calls were not answered.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. 1

No rent has been paid since an initial payment of 2 weeks’ rent in advance on 10 November 2025. Immediate termination is appropriate.

The landlord provided rent records which prove the amount owing at the end of the tenancy. Water Rates

The landlord has provided ledger records and Watercare invoices which show unpaid water rates of $131.15 to and including the most recent reading on 25 February 2026.

The difficulty is that this is a block of 4 units owned by the owner. They are not separately metered for water. Separate Watercare invoices are issued to the owner for each of the units, based on a percentage share of the total usage by all of the units. The percentage allocated to this unit is 15%.

That is a separate charge made by Watercare to the owner for that specific unit. However, is not a charge based on the metered usage by the occupant of that unit.

A tenant is only required to pay outgoings including, “....supply of water if the supplier charges for water provided to the premises on the basis of consumption.” 2

The agreement provides for the tenant to pay, “...any utilities...that are exclusively attributable to the tenant’s occupation...” 3

Here, there is no way of knowing to what extent the Watercare charges landlord is asking the tenant to pay, reflect her actual water consumption. 1 See section 55(1)(a) RTA 2 S.39(4) RTA 3 Clause 31 of the agreement

For that reason, during the hearing I indicated to the property manager that I did not think the Tribunal could award compensation for unpaid Watercare charges.

I have considered the approach taken by the District Court in Geraghty v Raui 4 which suggests that taking a strict legal approach to the issue, meaning that the tenant would not have to pay for any water used by her during her tenancy, might be inconsistent with the Tribunal’s obligation under s.85 RTA, to “...determine each dispute according to the general principles of law relating to the matter and the substantial merits and justice of the case, but shall not be bound to give strict effect to legal rights or obligations or legal forms or technicalities.”

Here, there is no doubt that during the tenancy, the tenant will have used water paid for by the landlord, which it is her obligation to pay for under s.39 RTA.

The difficulty is that the lack of a separate meter makes it impossible to accurately quantify that usage. The evidence does not provide a basis for assessing whether the 15% allocation of the total consumption for this unit is fair or not.

The substantial merits and justice of this situation require that the tenant pay something toward water used by her at the landlord’s cost but that the assessment of her contribution be conservative, because the obligation to ensure only consumption based charges are passed on, lies with the landlord.

Applying that approach I find that the tenant should pay $75.00 towards her water consumption for the period covered by the claims.

Because NZPro Property Management Limited t/a LJ Hooker Mt Albert Ltd as Agents for Mount M Holdings Ltd has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5422712 — net $5,933.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 March 2026	$7,950.00	Rent arrears to 16 March 2026
Water rates to reading 25 February 2026	$75.00	Water rates to reading 25 February 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,933.00
Total payable by Tenant to Landlord	$5,933.00

Order

The tenancy of [The tenant/s] at Unit/Flat Flat 3, 140 Ngapuhi Road, Remuera, Auckland 1050 is terminated, and possession is granted to NZPro Property Management Limited t/a LJ Hooker Mt Albert Ltd as Agents for Mount M Holdings Ltd, immediately.
The Bond Centre is to pay the bond of $2,120.00 (BN-10000566) to NZPro Property Management Limited t/a LJ Hooker Mt Albert Ltd as Agents for Mount M Holdings Ltd immediately.
[The tenant/s] must pay NZPro Property Management Limited t/a LJ Hooker Mt Albert Ltd as Agents for Mount M Holdings Ltd $5,933.00 immediately, calculated as shown below:

Reasons

The landlord attended the hearing which was scheduled by videoconference. The tenant did not attend but was able to contacted by phone. The tenant said her phone was low on battery and that she would need to charge it. The call was disconnected. Two follow up calls were not answered.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. 1
No rent has been paid since an initial payment of 2 weeks’ rent in advance on 10 November 2025. Immediate termination is appropriate.
The landlord provided rent records which prove the amount owing at the end of the tenancy. Water Rates
The landlord has provided ledger records and Watercare invoices which show unpaid water rates of $131.15 to and including the most recent reading on 25 February 2026.
The difficulty is that this is a block of 4 units owned by the owner. They are not separately metered for water. Separate Watercare invoices are issued to the owner for each of the units, based on a percentage share of the total usage by all of the units. The percentage allocated to this unit is 15%.
That is a separate charge made by Watercare to the owner for that specific unit. However, is not a charge based on the metered usage by the occupant of that unit.
A tenant is only required to pay outgoings including, “....supply of water if the supplier charges for water provided to the premises on the basis of consumption.” 2
The agreement provides for the tenant to pay, “...any utilities...that are exclusively attributable to the tenant’s occupation...” 3
Here, there is no way of knowing to what extent the Watercare charges landlord is asking the tenant to pay, reflect her actual water consumption. 1 See section 55(1)(a) RTA 2 S.39(4) RTA 3 Clause 31 of the agreement
For that reason, during the hearing I indicated to the property manager that I did not think the Tribunal could award compensation for unpaid Watercare charges.
I have considered the approach taken by the District Court in Geraghty v Raui 4 which suggests that taking a strict legal approach to the issue, meaning that the tenant would not have to pay for any water used by her during her tenancy, might be inconsistent with the Tribunal’s obligation under s.85 RTA, to “...determine each dispute according to the general principles of law relating to the matter and the substantial merits and justice of the case, but shall not be bound to give strict effect to legal rights or obligations or legal forms or technicalities.”
Here, there is no doubt that during the tenancy, the tenant will have used water paid for by the landlord, which it is her obligation to pay for under s.39 RTA.
The difficulty is that the lack of a separate meter makes it impossible to accurately quantify that usage. The evidence does not provide a basis for assessing whether the 15% allocation of the total consumption for this unit is fair or not.
The substantial merits and justice of this situation require that the tenant pay something toward water used by her at the landlord’s cost but that the assessment of her contribution be conservative, because the obligation to ensure only consumption based charges are passed on, lies with the landlord.
Applying that approach I find that the tenant should pay $75.00 towards her water consumption for the period covered by the claims.
Because NZPro Property Management Limited t/a LJ Hooker Mt Albert Ltd as Agents for Mount M Holdings Ltd has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5422712 — Rent arrears at Unit/Flat Flat 3, 140 Ngapuhi Road, Remuera, Auckland

At a glance

Tenancy Tribunal case 5422712 — Rent arrears at Unit/Flat Flat 3, 140 Ngapuhi Road, Remuera, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions