What was the outcome of Tenancy Tribunal case 5300421?

The tribunal order states: Oliver Robert Karl Keenan and Shyann Fleming must pay Enting Real Estate

How much money was awarded in case 5300421?

Cleaning: $155.00 awarded to landlord; Early Termination Fees: $504.85 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,500.01 awarded to landlord; Rubbish Removal: $175.19 awarded to landlord

What type of tenancy dispute was case 5300421?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5300421?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13057926-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5300421?

The tribunal order states: Oliver Robert Karl Keenan and Shyann Fleming must pay Enting Real Estate

How much money was awarded in case 5300421?

Cleaning: $155.00 awarded to landlord; Early Termination Fees: $504.85 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,500.01 awarded to landlord; Rubbish Removal: $175.19 awarded to landlord

What type of tenancy dispute was case 5300421?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5300421?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13057926-Tribunal_Order.pdf.

Unit/Flat 2, 66 Sefton Street, Seaview, Timaru 7910 Tenancy Tribunal Case 5300421 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5300421 — net $363.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,500.01	Rent arrears
Cleaning	$155.00	Cleaning
Rubbish removal	$175.19	Rubbish removal
Early Termination Fees	$504.85	Early Termination Fees
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$363.05
Total payable by Tenant to Landlord	$363.05

Oliver Robert Karl Keenan and Shyann Fleming must pay Enting Real Estate Limited T/A LJ Hooker Timaru As Acting For Whanau Mcintosh Limited $363.05 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,000.00 (BN-00049299) to Enting Real Estate Limited T/A LJ Hooker Timaru As Acting For Whanau Mcintosh Limited immediately.

All other claims are dismissed.

Reasons

A representative of the landlord attended the hearing. The tenants did not attend.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy was for a fixed term to March 2026. The landlord agreed to release the tenants early. The tenancy ended on 16 July 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

How Much Is Owed for Power?

The landlord claimed power charges of $277.54. The landlord provided a power bill for this address but advised that there are two properties serviced by the same bill, albeit on different meters. The landlord did not establish which meter number related to the tenancy address. The invoice was also based on estimates. Previous invoices had been credited/reversed. The amount claimed included fixed charges relevant to both properties.

A tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to their occupation of the premises or to their use of the facilities (see s 39(3) RTA). Therefore, tenants are only liable for the electricity, gas, telephone and internet they use, and for water charges based on consumption (s 39(4) RTA).

Where utilities are shared between more than one dwelling or building, the landlord will not be able calculate a tenant’s share of outgoings without a separate water meter or check meter. A tenant is therefore not liable to pay for electricity charges on a meter shared with other premises (Green v McGregor [2015] NZTT Waitakere 1292). Even if the tenant’s electricity usage can be calculated, a strict application of s 39(3) RTA means they will not be liable for fixed line charges, as they are not exclusively attributable to their occupation of the premises.

In this case the landlord has not proved the power consumption by this tenant for the relevant period. The claim is dismissed.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. I award the cleaning and rubbish removal costs as claimed. These claims were proved by photographs and invoices.

I have not allowed a claim for carpet cleaning/flea treatment costs. The landlord said that the tenant had a dog and fleas are problem in this area. The landlord did not provide any evidence of the condition of the carpet at the end of the tenancy and provided no evidence of fleas at this property. Recovery of expenses incurred by the landlord – Break Lease Fees - s. 44A

A landlord is entitled to recover expenses incurred in respect of an assignment, a subletting, parting with possession or termination under Section 50(1)(d). A landlord must provide an itemised account to the tenant of any expenses incurred See section 44A Residential Tenancies Act 1986.

The landlord agreed to the early termination of a fixed term tenancy. It has incurred new advertising costs and costs of finding a new tenant. Itemised invoices were provided to the tenant. I award the $504.85.

The landlord also claimed the cost of end of tenancy methamphetamine testing. The landlord did not establish that this was a cost that the tenant should pay. Rather this was a routine cost incurred by the landlord. The claim is dismissed.

As the landlord was substantially successful with its claims, I award reimbursement of the Tribunal application fee.

Claims and awards in Tenancy Tribunal application 5300421 — net $363.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,500.01	Rent arrears
Cleaning	$155.00	Cleaning
Rubbish removal	$175.19	Rubbish removal
Early Termination Fees	$504.85	Early Termination Fees
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$363.05
Total payable by Tenant to Landlord	$363.05

Order

Oliver Robert Karl Keenan and Shyann Fleming must pay Enting Real Estate Limited T/A LJ Hooker Timaru As Acting For Whanau Mcintosh Limited $363.05 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,000.00 (BN-00049299) to Enting Real Estate Limited T/A LJ Hooker Timaru As Acting For Whanau Mcintosh Limited immediately.
All other claims are dismissed.

Reasons

A representative of the landlord attended the hearing. The tenants did not attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy was for a fixed term to March 2026. The landlord agreed to release the tenants early. The tenancy ended on 16 July 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

How Much Is Owed for Power?

The landlord claimed power charges of $277.54. The landlord provided a power bill for this address but advised that there are two properties serviced by the same bill, albeit on different meters. The landlord did not establish which meter number related to the tenancy address. The invoice was also based on estimates. Previous invoices had been credited/reversed. The amount claimed included fixed charges relevant to both properties.
A tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to their occupation of the premises or to their use of the facilities (see s 39(3) RTA). Therefore, tenants are only liable for the electricity, gas, telephone and internet they use, and for water charges based on consumption (s 39(4) RTA).
Where utilities are shared between more than one dwelling or building, the landlord will not be able calculate a tenant’s share of outgoings without a separate water meter or check meter. A tenant is therefore not liable to pay for electricity charges on a meter shared with other premises (Green v McGregor [2015] NZTT Waitakere 1292). Even if the tenant’s electricity usage can be calculated, a strict application of s 39(3) RTA means they will not be liable for fixed line charges, as they are not exclusively attributable to their occupation of the premises.
In this case the landlord has not proved the power consumption by this tenant for the relevant period. The claim is dismissed.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. I award the cleaning and rubbish removal costs as claimed. These claims were proved by photographs and invoices.
I have not allowed a claim for carpet cleaning/flea treatment costs. The landlord said that the tenant had a dog and fleas are problem in this area. The landlord did not provide any evidence of the condition of the carpet at the end of the tenancy and provided no evidence of fleas at this property. Recovery of expenses incurred by the landlord – Break Lease Fees - s. 44A
A landlord is entitled to recover expenses incurred in respect of an assignment, a subletting, parting with possession or termination under Section 50(1)(d). A landlord must provide an itemised account to the tenant of any expenses incurred See section 44A Residential Tenancies Act 1986.
The landlord agreed to the early termination of a fixed term tenancy. It has incurred new advertising costs and costs of finding a new tenant. Itemised invoices were provided to the tenant. I award the $504.85.
The landlord also claimed the cost of end of tenancy methamphetamine testing. The landlord did not establish that this was a cost that the tenant should pay. Rather this was a routine cost incurred by the landlord. The claim is dismissed.
As the landlord was substantially successful with its claims, I award reimbursement of the Tribunal application fee.

Tenancy Tribunal case 5300421 — Rent arrears at Unit/Flat 2, 66 Sefton Street, Seaview, Timaru 7910

At a glance

Tenancy Tribunal case 5300421 — Rent arrears at Unit/Flat 2, 66 Sefton Street, Seaview, Timaru 7910

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

How Much Is Owed for Power?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

How Much Is Owed for Power?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions