Power responsibilities

Our Experts Answer:

According to section 40 of the Residential Tenancies Act, tenants need to tell the landlord as soon as possible after discovery if they know of any damage or need for repairs at the premises. If not, the landlord may be able to claim some of the costs of repairing the damage from the tenant if it gets worse because they were not notified promptly.

The responsibility for paying an increased power bill as a result of unforeseen maintenance or repair issues that occur during a tenancy is unclear. If you are unable to resolve the matter between yourselves, the tenants could apply to the Tenancy Tribunal to try to recover the increased part of their power costs. Similarly, you may issue a ‘notice to remedy’ if the power account is in your name as landlord, and if not paid you can apply to the Tenancy Tribunal for a decision.

To find out more about how this process, go to https://www.tenancy.govt.nz/disputes/breaches-of-the-residential-tenancies-act/. For more on the rights and responsibilities of landlords and tenants, go to www.tenancy.govt.nz or subscribe to our e-newsletter Tenancy Matters here.