Tribunal Rejects Damage Claims, Awards Filing Fee
📌 In brief
The Tenancy Tribunal heard a case where the claimant asked for money to cover water bills and repairs to the rental property. The Tribunal ruled that the claimant had to pay for her own water usage and that she hadn't shown proof of damage to the property. However, the Tribunal did give the claimant back the money she spent on filing the case.
⚖️ Legal holding
A tenant is not entitled to compensation for water rates if they have not paid for their actual consumption.
📖 Technical summary
The Tribunal dismissed the claimant's request for damages and compensation for water rates, but awarded the filing fee reimbursement.
📜 Headnote Official document
The Tenancy Tribunal dismissed the claimant's request for compensation for water rates and damages to the property, but awarded the filing fee reimbursement to the claimant. The claimant argued that water was free and that damages occurred during the tenancy. The Tribunal found that the claimant was responsible for paying for her actual water consumption and that she had not provided evidence of actual damages.
📚 Full judgment Official document
__________________________________________________________________________________ 5024930 1
[2025] NZTT 5024930
TENANCY TRIBUNAL - Video Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The [COMPANY] is to pay the bond of $1,580.00 (3038044-013) immediately apportioned as follows:
[NAME]: $979.66
[NAME]: $600.34
Description Landlord Tenant Water rates as at 15 July 2024 $952.66 Filing fee reimbursement $27.00 Total award $979.66 Bond $979.66 $600.34
Reasons:
1. Both parties attended the hearing which was held by video conference.
__________________________________________________________________________________ 5024930 2
2. The background to this claim is that the tenancy ended on 15 July 2024 which was the settlement date for the sale of the house to another person. [NAME] remains in the premises but now has a different landlord.
3. [NAME] makes a claim for outstanding water rates, compensation for damage to the property and reimbursement of the filing fee.
Water rates
4. [NAME] made a claim for $1070.04 for water charges. However at today’s hearing it was established that the consumption charges amounted to $952.66 with the remaining amount being for a special meter reading.
5. [NAME] is only required to pay for water based on her consumption and so I am requiring her to pay $952.66.
6. At today’s hearing [NAME] stated that she ought not to have to pay these charges because water was ‘free’. She referred to [NAME]’s statement that water belonged to everybody.
7. Having regard to the invoice for water, water is clearly not ‘free’ and [NAME] is required to pay for her use of it as charged.
Damages
8. [NAME] has also made a claim for damage to the premises which she says occurred during [NAME]’s tenancy and was more than fair wear and tear.
9. The claim for $1932.00 in this regard is based on the estimated cost for replacing cupboard doors, repairing the back door and repairing vinyl flooring.
10. I am dismissing this part of [NAME]’s claim because she has sold the property and did not actually have these issues repaired. She was therefore unable to show me any loss that she has suffered as a result of this damage.
Filing fee reimbursement
11. I am ordering [NAME] to reimburse the filing fee to [NAME] because [NAME] was largely successful in the claim against her.
[NAME]
12 February 2025
__________________________________________________________________________________ 5024930 3
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/
__________________________________________________________________________________ 5024930 4
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 landlord was awarded $952.66 for water charges because the tenant is required to pay for her consumption.
- The landlord was awarded the filing fee reimbursement because she was largely successful in her claim.
❌ Tends to be rejected
- The tenant's argument that water was "free" was rejected because the invoice clearly showed charges for water use.
- The landlord's claim for damages was dismissed because she had sold the property and did not actually repair the issues.
- The landlord could not show any loss suffered from the alleged damage to the property.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal dismissed the claimant's requests for compensation for water rates and damages to the property, but awarded the filing fee reimbursement.
What was the dispute about?
The dispute was about whether the claimant should be compensated for water rates and damages to the property.
How did the court decide, and why?
The court decided that the claimant was responsible for paying for her own water usage and that she had not provided sufficient evidence of actual damages to the property.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The argument that mattered most was that the claimant had not paid for her actual water consumption and had not provided evidence of actual damages to the property.
Was the decision for or against the person who brought the case?
The decision was mostly against the person who brought the case, but the claimant was partially successful in obtaining the filing fee reimbursement.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have proper documentation of their water usage and any damages to the property to support their claims.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.