Tenant Gets Partial Refund for Inaccurate Water Rates Invoices

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[2025] NZTT 5071788

TENANCY TRIBUNAL AT WHANGAREI | TE TARAIPIUNARA RETIHANGA KI WHANGĀREI-TERENGA-PARĀOA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: 52 Ata-[ADDRESS], [POSTCODE]

ORDER

1. [NAME] to pay [NAME] and [NAME] $1,422.66 from the bond, calculated as shown in table below.

2. The Bond Centre is to pay the bond of $2,800.00 (6396607-004) immediately apportioned as follows:

[NAME] and [NAME]: $1,422.66

[NAME]: $1,377.34

Description Landlord Tenant Previous order application 5046848 dated 18/11/2024 $1,100.00 Water rates $295.66 Filing fee reimbursement $27.00 Total award $1,422.66 Bond $1,422.66 $1,377.34

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Reasons:

Background

1. On 18 November 2024 I made an order in respect of a previous tenant application (5046848) and landlord application (5056848) about this tenancy.

2. The order stated that Ms [NAME] was to receive $1,100.00 from the bond.

3. In the decision I noted that:

a. The final water rates had not been calculated. I noted that [NAME] did not dispute that she must pay for water to the end of her tenancy. Ms [NAME] was to calculate the final water use and notify [NAME], and then [NAME] would pay.

b. Ms [NAME] agreed to allow [NAME] the opportunity to return to the property and try to remove a carpet stain in the bedroom.

4. This application (filed on 15 November 2024) seeks water rates, carpet replacement, and costs relating to the hob.

5. The hearing took place in Whangarei today, 26 February 2025. [NAME] and [NAME] attended the hearing.

Water rates

6. [NAME] initially calculated the final water rates incorrectly and sought $1,026.91 from [NAME].

7. Ms [NAME] has since provided the [NAME] water rates invoice for the relevant period (23 April 2024 to 12 November 2024) which shows consumption of 95m3, totalling $315.66.

8. [NAME] accepted this amount.

9. [NAME] noted a discrepancy in respect of the first water rates invoice that she received, for the period ending 23 April 2024. The [NAME] invoice covered the period 10 November 2023 to 23 April 2024. [NAME] paid that invoice in full, even though her tenancy did not begin until 2 January 2024.

10. [NAME] seeks a partial refund of that invoice, on a pro rata basis.

11. [NAME] was not aware that [NAME] was going to raise this argument today, and she did not have information to hand to clarify the actual meter reading at the start of [NAME]’s tenancy. She did note that the property was vacant for about a month (the month of December 2023) before the start of [NAME]’s tenancy.

12. I accept that:

a. Tenants are only liable to pay for water that they use.

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b. It is possible that the first water invoice included water that was used before [NAME]’s tenancy.

c. The landlord has a duty to provide accurate water rates invoices.

13. On that basis it is appropriate to award a small refund, but the amount must be conservative given that [NAME] has proven a risk of an overcharge but not an actual overcharge.

14. I will apply a refund of $20.00.

Carpet

15. The simple idea recorded in the previous order was that [NAME] would allow [NAME] to return to the property and attempt to remove the stain. If [NAME] failed to return, or if she returned but failed to remove the stain, then she would be liable for the reasonable cost of professional stain removal.

16. Instead:

a. [NAME] did not contact Ms [NAME] until 10 days after the hearing.

b. Ms [NAME] did not contact [NAME], and did not attempt professional carpet cleaning.

c. The claim presented is for replacement of the carpet, based on a quote that is dated 13 November 2024.

d. [NAME] confirmed that the carpet has not been stain treated or replaced.

17. In light of this, [NAME] sensibly agreed to withdraw this part of the claim today.

Bond, filing fee

18. The landlord has been partially successful in this application, and I will award the landlord the filing fee of $20.44.

19. The landlords will receive $1,422.66 from the bond. The balance will be released to the tenant.

[NAME], 26 February 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.

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/

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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].

Reasons: