The landlord managed the electricity and water bills and invoiced the tenants based on their consumption, according to a recent ruling by the Rent Assessment Committee.

The problems started when the tenant placed a business sign on the front fence of the property.

The landlord said he drove past the property and saw a sign outside and was upset because the tenant had made changes in the past and had a caravan in the driveway.

He messaged her and an argument ensued.

Instead of removing the sign, the tenant said she would move out and take the living room carpet with her, which she had replaced herself after the original carpet was damaged during the Auckland floods in January 2023.

The landlord said that if the tenant took the carpet, he would deduct the cost of new carpet from the security deposit.

However, because he had not deposited the security deposit with the Security Centre as required, the tenant stopped paying the rent.

He told the court he had lifted the carpet to dry and that there had “never been any discussion with the tenant about replacing the carpet.”

After the tenant stopped paying rent, the landlord warned her that he would turn off the electricity and water.

She went shopping and when she came back, he had done it.

“It’s no surprise that the tenant and her family struggled without power and water,” said District Court Judge Melissa Allan.

The tenant begged the landlord to turn the device back on, but was told he would not do so until she paid three weeks’ rent.

The tenant replied that the deposit would cover the rent.

Then she had to buy water for drinking, cooking and flushing the toilet.

She also had to pay to use the shower facilities at the local swimming pool. She described the difficult few days without electricity to cook and charge her phones.

She then bought a generator to generate electricity.

The court found that the tenant had reconnected the water after two days, while the landlord had reconnected the electricity after four days.

“Disrupting the supply of electricity and water, except where necessary, is a serious matter,” Allan said.

“The tenant was left in very difficult circumstances, even if only for a few days. There are serious potential health consequences if the power and water are cut off, because the tenant could not cook, wash or flush the toilet.”

The tenant filed a claim in May of this year, alleging violations of Healthy Homes standards.

The landlord responded with a claim for termination of the lease, $1,750 in arrears of rent plus $444 for electricity and water due, $4,000 to replace the carpet, and $1,000 for damage to an exterior wall.

Allan was confident that the data provided by the landlord accurately reflected the electricity and water consumption.

There was agreement on the amount of the unpaid rent, but the court found that the landlord was not entitled to any compensation for the carpet.

“There has clearly been a breakdown in communication and the old carpet has been thrown out,” Allan said.

No evidence was provided to support the landlord’s claims of damage occurring during the rental period.

Allan ruled that the tenant was entitled to compensation for the lack of amenities, as the property should have been brought up to standard within 90 days of the start of the lease term, but had not done so.

The landlord also admitted that he should not have shut off the tenant’s power and water, and it became clear during the hearing that he regretted it, Allan said.

Under these circumstances he had acted unlawfully and damages were justified.

The total damages of $2,194 to the landlord, plus the $444 for electricity and water, were offset by just over $2,000 in compensation and damages to the tenant, plus a $1,400 security deposit and a small net damages. This ultimately left the tenant with $1,574 owed.

Allan said that while both parties had been successful to some extent, she considered the tenant to be the party that had been most successful.

Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including courts and local government, for the Nelson Mail.