water rates
📖 What is water rates? Meaning and definition
Water rates refer to the costs associated with water consumption at a tenanted property. These charges are often included in claims made by landlords against tenants, particularly when there are outstanding payments at the end of a tenancy or during its term. The Tenancy Tribunal may consider claims for unpaid water rates alongside other financial claims, such as rent arrears.
In practice, landlords may apply to the Tenancy Tribunal to recover unpaid water rates from tenants. The Tribunal will assess these claims, and if successful, the tenant may be ordered to pay the outstanding amount. Conversely, if a landlord's claim for water rates is not sufficiently proven, it may be dismissed.
Payment arrangements for water rates can be structured, with orders sometimes specifying how payments are to be allocated, for example, after rent and rent arrears. Failure to pay water rates, along with other specified debts, can lead to serious consequences, such as the termination of the tenancy and immediate possession of the premises by the landlord.
📋 Requirements
- A landlord must apply to the Tenancy Tribunal to claim unpaid water rates.
- The landlord needs to provide evidence to support their claim for unpaid water rates.
- The Tenancy Tribunal will assess the claim for water rates alongside other claims like rent arrears.
- If the claim is successful, the tenant may be ordered to pay the outstanding water rates.
📝 Procedure
- Landlord applies to the Tenancy Tribunal for orders, including for water rates.
- A hearing is scheduled where the landlord presents their case.
- The tenant may attend the hearing and present their own evidence or cross-application.
- The Tenancy Tribunal makes a decision, which may include an order for the tenant to pay water rates or dismiss the claim.
💡 Examples
- A landlord applied to the Tenancy Tribunal seeking compensation for unpaid water rates up to a specific date, alongside claims for rent arrears and carpet damage.
- In one case, a tenant was ordered to pay a sum that included water rates to a particular date, as part of a total debt owed to the landlord.
- A Tenancy Tribunal order specified that a tenant's weekly payments would be allocated first to rent, then rent arrears, then water rates, and finally a filing fee.
- A landlord's claim for unpaid water rates was dismissed by the Tenancy Tribunal because there was insufficient evidence to support it.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What are water rates in a tenancy context?
Water rates are charges for the water consumed at a rental property. Landlords may claim these costs from tenants if they are unpaid, often as part of a Tenancy Tribunal application.
Can a landlord claim unpaid water rates from a tenant?
Yes, landlords can apply to the Tenancy Tribunal to recover unpaid water rates from tenants, as seen in cases where such claims are made alongside rent arrears.
What happens if a tenant doesn't pay water rates?
If a tenant fails to pay water rates that are part of an agreed debt or Tenancy Tribunal order, it can lead to further action, including the termination of the tenancy and the landlord taking immediate possession of the property.
How does the Tenancy Tribunal handle claims for water rates?
The Tenancy Tribunal will hear evidence from both the landlord and tenant regarding the water rates claim. It may order the tenant to pay the rates or dismiss the claim if there isn't enough evidence.
Are water rates always paid by the tenant in New Zealand?
The responsibility for water rates depends on the specific tenancy agreement. However, the cases show that landlords do claim these costs from tenants, and the Tenancy Tribunal can order tenants to pay them.
What evidence does a landlord need to claim water rates?
While the specific evidence isn't detailed, the dismissal of claims suggests landlords need to provide sufficient proof, such as invoices or usage records, to support their claim for unpaid water rates.