Tenant Wins Reimbursement for Unattributable Electricity Fee
📌 In brief
The Tenancy Tribunal ruled that a tenant is entitled to reimbursement for an electricity administration fee that was not exclusively attributable to their occupation, as per the Residential Tenancies Act 1986. The Tribunal also awarded compensation for the breach.
⚖️ Legal holding
A tenant is entitled to reimbursement for an electricity administration fee that is not exclusively attributable to their occupation under the Residential Tenancies Act 1986.
📖 What the law says
This section generally states that the landlord is responsible for paying all ongoing costs related to the rental property, such as rates and insurance. However, it also specifies that the tenant is responsible for certain costs incurred during their tenancy, including charges for electricity or gas supplied to the premises.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the landlord to reimburse the tenant for an electricity administration fee and awarded compensation for the breach.
📜 Headnote Official document
The Tenancy Tribunal ordered the landlord to reimburse the tenant for an electricity administration fee and awarded compensation for the breach, finding that the fee was not exclusively attributable to the tenant's occupation under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5158112
TENANCY TRIBUNAL AT AUCKLAND | TE TARAIPIUNARA RETIHANGA KI TĀMAKI MAKAURAU
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [COMPANY] As Agent For [COMPANY] must pay [NAME] $296.28 immediately, calculated as shown in table below:
Description Tenant Reimbursement of electricity fixed administration fee $134.64 Compensation $134.64 Filing fee reimbursement $27.00 Total award $296.28 Total payable by Landlord to Tenant $296.28
Reasons:
1. Both parties attended the hearing.
2. The tenant rented a unit in an apartment block from the landlord from August 2021 to August 2022.
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3. The tenant continues to live in the apartment block in a different unit with a different landlord.
4. The tenant has applied for reimbursement of an electricity administration fee she was charged throughout the tenancy, compensation, costs, reimbursement of a filing fee paid for a previous unit titles application filed and reimbursement of the filing fee on this application.
Was the tenant charged a fixed electricity charge that was the responsibility of the landlord?
5. Section 39 of The Residential Tenancies Act 1986 (RTA) provides that the landlord is responsible for all outgoings that apply whether or not the premises is occupied. The tenant is responsible for all outgoings in respect of the tenancy premises that are exclusively attributable to the tenant’s occupation of the premises or the tenant’s use of the facilities.
6. The tenant stated that when her tenancy commenced she made enquiries about power companies and was told that she had no choice of power company as all power for the building was supplied by [NAME].
7. She stated that she noticed when she received her power invoice that there was a charge of $11.22 which was referred to as an administration fee.
8. The tenant stated that she queried this with her property manager at the time. She advised that her property manager changed on two further occasions and that she queried the charge each time but was told that she would have to sort the matter out with the power company.
9. The tenant queried the matter with the building management and with Smart Power.
10. She produced a copy of an email from the building manager to herself dated 20 July 2023 which states that the administration fee is a monthly fee that is charged by the body corporate as part of the [NAME] arrangement. The email details what the administration fee covers, some of which is managing communication and invoicing tenants, other details involve reviewing utility invoices and managing financial reporting. The fee is a fixed amount charged each month regardless of power usage at the premises.
11. Having considered the evidence I am satisfied that the tenant has proved on the balance of probabilities that the administration fee being passed on to her each month was not exclusively attributable to her occupation of the premises or use of the power. Therefore, the landlord is in breach of section 39 by charging this to the tenant.
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12. This tenancy was for twelve months. The landlord agrees to reimburse the tenant the amount of $11.22 x 12 months totalling $134.64.
13. The tenant also seeks compensation for the breach.
14. Rather than out of pocket expenses the Tenants’ claim for compensation is in the nature of general damages for the stress and inconvenience of repeated communication to seek to resolve this matter. The Tribunal has jurisdiction to make such award pursuant to section 77(2)(n) of the Act: [NAME] v [NAME], DC Wellington, TT223/93, 12 November 1993. The tenant acknowledged that initially all parties were unsure about the admin fee but the delays in getting the matter resolved have caused her ongoing stress. Awards of compensation are generally modest. Having considered the factors in this case I find it appropriate to order the landlord to pay a further $134.64 (which effectively doubles the admin fee reimbursement amount) in compensation.
Should the landlord be ordered to pay costs?
15. The tenant sought payment of her time and costs in preparation for this hearing.
16. Section 102 of the RTA states that the Tribunal has no power to award costs except where the proceedings brought by the tenant are vexatious or frivolous, the parties are represented by counsel, the matter ought reasonably to have been settled before a mediator or a party fails to attend the hearing without notice.
17. As none of the above factors apply in this case the Tribunal has no power to award costs.
18. The tenant further sought reimbursement of the $500.00 filing fee she paid previously to file an application against the Body Corporate in respect of the same matter. The tenant withdrew that application at the hearing on 11 December 2024 in order to file proceedings against the landlord pursuant to section 39 RTA. The Tribunal does not have the power to order the landlord in this case to reimburse that fee.
19. If reimbursement of the UTA filing fee is sought a request can be made by email to Tenancy Services (part of the Ministry of Innovations and Employment) who will consider and decide whether to grant the request.
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20. The Tribunal does have the power to order the other party to reimburse the filing fee on this application. [NAME] has substantially succeeded with the claim I have reimbursed the filing fee. See section 102(4)(b) RTA.
G Guptill
30 April 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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant was charged a fixed electricity administration fee that was not exclusively attributable to her occupation.
- The landlord is required to reimburse the tenant for the electricity administration fee under the Residential Tenancies Act 1986.
- The tenant is entitled to compensation for the stress and inconvenience caused by the repeated communication to resolve the matter.
- The tenant is entitled to reimbursement of the filing fee paid for the current application.
❌ Tends to be rejected
- The tenant's request for payment of her time and costs in preparation for the hearing was denied.
- The tenant's request for reimbursement of the filing fee from a previous unrelated application was denied.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the landlord to reimburse the tenant for an electricity administration fee and awarded compensation for the breach.
What was the dispute about?
The dispute was about whether the tenant should be charged for an electricity administration fee that was not exclusively attributable to their occupation.
How did the court decide, and why?
The court decided that the landlord must reimburse the tenant for the electricity administration fee and awarded compensation because the fee was not exclusively attributable to the tenant's occupation.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 39, was applied.
What was the argument that mattered most?
The argument that mattered most was that the electricity administration fee was not exclusively attributable to the tenant's occupation.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation may be entitled to reimbursement for an electricity administration fee that is not exclusively attributable to their occupation.
What evidence or documents mattered?
The evidence included emails from the building manager and the tenant's queries with the property manager and the power company.