Tenant Awarded Compensation for Fixed Water Charges
📌 In brief
The Tenancy Tribunal awarded the tenant compensation for fixed water charges paid during the tenancy period. Despite the landlord's arguments, the Tribunal ruled that the landlord was responsible for these charges under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is entitled to compensation for fixed water charges paid during the tenancy if the landlord is responsible for such charges under the Residential Tenancies Act 1986.
📖 What the law says
This section generally states that the landlord is responsible for paying all property expenses, including water charges. However, tenants become responsible for water charges if the property has its own water meter and the tenancy agreement clearly stated this at the beginning.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal awarded the tenants $2,400 for fixed water charges paid during the tenancy.
📜 Headnote Official document
The Tenancy Tribunal awarded the tenant compensation for fixed water charges paid during the tenancy period. The landlord argued that the parties had an agreement to settle the charges, but the Tribunal ruled that the landlord was responsible for the charges under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5112028
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: [ADDRESS], Te Atatu Peninsula, Auckland 0610
ORDER
1. [NAME] must pay [NAME] and [NAME] $2,400.00 immediately, calculated as shown in table below:
Description Landlord Tenant Compensation for fixed water charges $2,373.00 Filing fee reimbursement $27.00 Total award $2,400.00 Total payable by Landlord to Tenant $2,400.00
Reasons:
1. Both parties attended the hearing remotely by telephone.
2. The tenants claim $3,744.00 being re-imbursement of the fixed water charges they paid during the tenancy.
3. The tenancy began on 27/12/2012 and ended on 30/11/2024.
4. The tenants based the amount of claim on a fee of $6.00 per week for 52 weeks per year times 12 years.
5. The landlord did not dispute that the tenants had paid the fixed charges.
6. However, the landlord submitted that the parties had an agreement when the tenancy ended that he would pay the tenants $1,000.00 compensation, would
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refund their $1,560.00 bond in full and not make a claim for damages and letting out rooms without consent.
7. Under section 39(1)(a) a landlord is responsible for all outgoings in respect of premises that are incurred whether or not the premises are occupied.
8. Section 39(4)(c) provides that a tenant is responsible for the supply of water on the basis of consumption.
9. There is no dispute that during the tenancy the tenants paid the fixed water charges which were the responsibility of the landlord.
10. I consider the landlord is liable to pay the tenants some compensation for the payments they made during the term of the tenancy.
11. However, what level that compensation should be is difficult to determine exactly because neither party provided any supporting evidence from Watercare about the level of charges.
12. The landlord agreed to $1,000.00, the tenants wanted $3,744.00.
13. In the absence of any objective evidence, I have awarded the tenants $2,373.00, based on the $1,000.00 offered by the landlord and half of the balance between the agreed amount and what the tenants claimed.
14. Section 85 of the Residential Tenancies Act 1986 provides useful guidance about how the Tribunal should exercise its jurisdiction, in a manner that is most likely to ensure a fair and expeditious resolution of disputes between landlords and tenants.
15. The Tribunal must consider the substantial merits and justice of the case without being bound to give effect to the strict legal rights or obligations, or to legal forms and technicalities.
16. The parties have been unable to agree in the nearly six months since the tenancy ended, and I consider the amount awarded is reasonable and fair to resolve the dispute.
17. As the tenants have substantially succeeded with the claim I have awarded the filing fee.
J Wilson
07 May 2025
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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.
You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf
Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals
Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.
Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.
Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.
If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenants paid fixed water charges during the tenancy.
- The landlord is responsible for all outgoings related to the premises under the Residential Tenancies Act.
- The amount of compensation was determined to be fair and reasonable by the tribunal.
❌ Tends to be rejected
- The landlord claimed an agreement existed to pay $1,000 compensation, refund the bond, and not claim damages.
- The exact level of compensation was difficult to determine due to lack of evidence from Watercare.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal awarded the tenant compensation for fixed water charges paid during the tenancy period.
What was the dispute about?
The dispute was about whether the landlord should compensate the tenant for fixed water charges paid during the tenancy.
How did the court decide, and why?
The court decided that the landlord should compensate the tenant because the landlord was responsible for the fixed water charges under the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 39(1)(a) and 39(4)(c) were applied.
What was the argument that mattered most?
The argument that mattered most was that the landlord was responsible for the fixed water charges under the Residential Tenancies Act 1986.
Was the decision for or against the person who brought the case?
The decision was for the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation might be able to claim compensation for fixed water charges if the landlord is responsible for those charges under the Residential Tenancies Act 1986.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.