What was the outcome of Tenancy Tribunal case 4780829?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4780829?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4780829?

The dispute type was not classified.

Where can I read the official tribunal order for case 4780829?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10172335-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4780829?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4780829?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4780829?

The dispute type was not classified.

Where can I read the official tribunal order for case 4780829?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10172335-Tenancy_Tribunal_Order.pdf.

3 Hueglow Rise, West Harbour, Auckland 0618 Tenancy Tribunal Case 4780829 — Tenancy dispute

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Reasons

Both parties attended the hearing.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

The applicant signed a fixed term tenancy agreement for the main premises at the above property, starting on 31 March 2023. Also on the property is a minor dwelling which was converted from an outdoor rumpus room, with a Code Compliance Certificate being issued by Auckland Council on 3 August 2016. The minor dwelling is not part of the tenancy and was used by agreement with the tenants, during the early part of the tenancy, by members of the landlord’s family.

In August 2023 renovations on the unit were planned and a builder began shortly after. The renovations ran until January 2024. A rent rebate was negotiated with the tenants during this time.

The tenants believed there was no water metre and no power metre for the minor dwelling, and that the power and water that was used during the renovation was being charged back to them. Because there was no separate water metre or power metre, they were claiming the full amount of their water bill and power bill from 21 August 2023 until the end of January 2024.

The landlord provided a copy of the invoice for the installation of the water metre in 2017 and photographs of the water metre showing how much water has been used at the minor dwelling.

The landlord also provided photographs of the electricity check metre at the minor dwelling, which shows the amount of electricity that has been used there.

From information provided by the tenant and the landlord during the hearing, it appears that until September 2023 power was provided to the main dwelling and then diverted to the minor dwelling through the check metre. The amount of power to the minor dwelling was then to be deducted from the power bill of the main dwelling. In September 2023, it appears that the minor dwelling received its own mains power source.

The tenants conceded they hadn’t realised the minor dwelling had its own water metre.

The applicants’ claim has not been proved to the requisite standard.

Reasons

Both parties attended the hearing.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

In August 2023 renovations on the unit were planned and a builder began shortly after. The renovations ran until January 2024. A rent rebate was negotiated with the tenants during this time.

The landlord provided a copy of the invoice for the installation of the water metre in 2017 and photographs of the water metre showing how much water has been used at the minor dwelling.

The landlord also provided photographs of the electricity check metre at the minor dwelling, which shows the amount of electricity that has been used there.

The tenants conceded they hadn’t realised the minor dwelling had its own water metre.

The applicants’ claim has not been proved to the requisite standard.

Tenancy Tribunal case 4780829 — Tenancy dispute at 3 Hueglow Rise, West Harbour, Auckland 0618

At a glance

Claims & awards

Tenancy Tribunal case 4780829 — Tenancy dispute at 3 Hueglow Rise, West Harbour, Auckland 0618

At a glance

Claims & awards

Order

Reasons

Topics & place

Property management

Frequently asked questions

Order

Reasons

Topics & place

Property management

Frequently asked questions