What was the outcome of Tenancy Tribunal case 4830218?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4830218?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4830218?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4830218?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10314147-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4830218?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4830218?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4830218?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4830218?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10314147-Tenancy_Tribunal_Order.pdf.

Unit/Flat 17, 130 New North Road, Eden Terrace, Auckland Tenancy Tribunal Case 4830218 — Boarding House

Order

The application is dismissed.

Reasons

Both parties attended the hearing.
This was a tenant application claiming that he had been overcharged for power bills and disputing a rent increase.
The property is a boarding house with 26 rooms. The landlord resides at the premises. Rent and car parking increase:
The tenancy commenced on 3 October 2022 and is ongoing. At the start of the tenancy the rental was $300.00 per week and $30 per week for the use of a parking space. In March 2024, the landlord advised the tenant that the rental was increasing to $340.00 per week and $40 per week for the parking.
The tenant has refused to pay the extra parking costs. The landlord has advised the tenant that he will let the car parking space to a new person who is prepared to pay considerably more for parking in the area, if the tenant does not pay the increased rental for the car parking.
The landlord has not increased the rent during the tenancy. The tenant has been in the property for 20 months without any increase in rent. The landlord is permitted to increase the rent providing they give 28 days written notice before increasing the rent. Rent can only be increased once every 12 months.
The landlord has complied with his obligations regarding the rent increase and is entitled to increase the rent.
The car parking space is an addition to the tenancy. The landlord has the right to increase the rental on the parking space. It is the tenants right not to pay the increased amount, but he will loss the car parking space as a consequence of that decision. Over charging on power bills:
The tenant is seeking the Tribunal to order that he be allowed to pay off a debt owed to the landlord. The issue with the debt came about because of underpaying on estimated power and water bill readings.
The landlord advised that each room has its own water and power meters. When a new tenant takes possession of a room in the boarding house, the landlord takes a photo of the meter to prove the amount of power and water usage for each tenant from the start to the end of the tenancy.
During the tenancy, the landlord has estimated what he believes the power and water bills will be based on an average for each room. The tenant pays that estimate each month. At the end of the tenancy the landlord works out the actual usage and the tenant is either refunded any overcharging or is billed for any overuse.
The landlord does not take monthly readings for each unit.
The difficult for this tenant was that he used a fan heater in the room rather than the more economical heat pump included in the room. The result was increased power costs due to the fan heater. The landlord asked the tenant to stop using the fan heater as it also potentially posed a fire risk to other tenants. The tenant refused to use the heat pump.
The landlord advised the tenant that he has exceeded the power usage and gave him a bill for $1000.00 to be paid immediately.
The tenant seeks the Tribunal to order the landlord to allow him to pay off the bill and to ensure that the meters are read monthly rather than an estimated reading.
The Tribunal does not have the jurisdiction to order the landlord to allow the tenant to pay off a debt nor to order that the meters are read monthly.
The tenant raised breaches of his right to quiet enjoyment and whether the property was an unlawful residential premises. The tenant did not pursue the issue of an unlawful residential premises nor the breach of quiet enjoyment at the hearing and therefore I am not considering these.
The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
The applicant has not satisfied me on any claim he has made and therefore I am dismissing all his claims.

Order

The application is dismissed.

Reasons

Both parties attended the hearing.
This was a tenant application claiming that he had been overcharged for power bills and disputing a rent increase.
The property is a boarding house with 26 rooms. The landlord resides at the premises. Rent and car parking increase:
The tenancy commenced on 3 October 2022 and is ongoing. At the start of the tenancy the rental was $300.00 per week and $30 per week for the use of a parking space. In March 2024, the landlord advised the tenant that the rental was increasing to $340.00 per week and $40 per week for the parking.
The tenant has refused to pay the extra parking costs. The landlord has advised the tenant that he will let the car parking space to a new person who is prepared to pay considerably more for parking in the area, if the tenant does not pay the increased rental for the car parking.
The landlord has not increased the rent during the tenancy. The tenant has been in the property for 20 months without any increase in rent. The landlord is permitted to increase the rent providing they give 28 days written notice before increasing the rent. Rent can only be increased once every 12 months.
The landlord has complied with his obligations regarding the rent increase and is entitled to increase the rent.
The car parking space is an addition to the tenancy. The landlord has the right to increase the rental on the parking space. It is the tenants right not to pay the increased amount, but he will loss the car parking space as a consequence of that decision. Over charging on power bills:
The tenant is seeking the Tribunal to order that he be allowed to pay off a debt owed to the landlord. The issue with the debt came about because of underpaying on estimated power and water bill readings.
The landlord advised that each room has its own water and power meters. When a new tenant takes possession of a room in the boarding house, the landlord takes a photo of the meter to prove the amount of power and water usage for each tenant from the start to the end of the tenancy.
During the tenancy, the landlord has estimated what he believes the power and water bills will be based on an average for each room. The tenant pays that estimate each month. At the end of the tenancy the landlord works out the actual usage and the tenant is either refunded any overcharging or is billed for any overuse.
The landlord does not take monthly readings for each unit.
The difficult for this tenant was that he used a fan heater in the room rather than the more economical heat pump included in the room. The result was increased power costs due to the fan heater. The landlord asked the tenant to stop using the fan heater as it also potentially posed a fire risk to other tenants. The tenant refused to use the heat pump.
The landlord advised the tenant that he has exceeded the power usage and gave him a bill for $1000.00 to be paid immediately.
The tenant seeks the Tribunal to order the landlord to allow him to pay off the bill and to ensure that the meters are read monthly rather than an estimated reading.
The Tribunal does not have the jurisdiction to order the landlord to allow the tenant to pay off a debt nor to order that the meters are read monthly.
The tenant raised breaches of his right to quiet enjoyment and whether the property was an unlawful residential premises. The tenant did not pursue the issue of an unlawful residential premises nor the breach of quiet enjoyment at the hearing and therefore I am not considering these.
The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
The applicant has not satisfied me on any claim he has made and therefore I am dismissing all his claims.

Tenancy Tribunal case 4830218 — Boarding House at Unit/Flat 17, 130 New North Road, Eden Terrace, Auckland

At a glance

Tenancy Tribunal case 4830218 — Boarding House at Unit/Flat 17, 130 New North Road, Eden Terrace, Auckland

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions