Hood v Harley Kismet Pty Ltd t/as Kismet Riverside Lodge

Elizabeth and Michael Hood brought an application against Harley Kismet Pty Ltd t/as Kismet Riverside Lodge in the Australian Capital Territory Civil and Administrative Tribunal. The Hoods sought to challenge the imposition of electricity charges by the respondent, which they considered excessive and unlawful. The dispute centred around the interpretation of the Residential Tenancies Act and related regulations, particularly regarding the right of access to electricity meters and the fair allocation of costs. The Tribunal had to determine whether the respondent had acted within its rights when it imposed the charges and whether the Hoods were liable for the amount claimed.

The primary legal issue was whether the respondent had the right to charge the Hoods for electricity costs without providing access to the meter as required by the Residential Tenancies Act. The Hoods argued that the lack of access to the meter meant they could not verify the charges, which they considered unreasonable. The respondent, on the other hand, maintained that it had acted in accordance with the Act by imposing the charges and that the Hoods were obligated to pay for their consumption. The Tribunal had to assess the respondent's adherence to the statutory requirements and whether the Hoods' rights under the Act had been infringed.

The Tribunal found that the respondent had not provided the Hoods with access to the electricity meter as required by the Residential Tenancies Act. Consequently, the Tribunal ruled that the charges imposed by the respondent were not justifiable. The Tribunal held that the respondent had breached its obligations under the Act by failing to provide access to the meter, leading to an unfair allocation of costs. As a result, the Tribunal ordered the respondent to pay the Hoods the sum of $265.97 immediately. Additionally, the Tribunal extended the time in which the Hoods could lodge their application to 12 June 2017.