Tenantcheck Insights · Case study
Tenancy Tribunal case 5300421 — Rent arrears at Unit/Flat 2, 66 Sefton Street, Seaview, Timaru 7910
Decided 2 February 2026 · Published 2 February 2026 · Application 5300421
- Rent arrears
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Timaru
Tribunal region
Adjudicator
R Morgan
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $2,363.05
- Bond payment as ordered
- −$2,000.00
- Total balance for Tenant to pay Landlord
- $363.05
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | 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 |
Claims and awards for application 5300421 — net $363.05 NZD. Verify on MoJ.
Rent arrears
- Amount
- $1,500.01
- Awarded to
- Landlord
- Reason
- Rent arrears
Cleaning
- Amount
- $155.00
- Awarded to
- Landlord
- Reason
- Cleaning
Rubbish removal
- Amount
- $175.19
- Awarded to
- Landlord
- Reason
- Rubbish removal
Early Termination Fees
- Amount
- $504.85
- Awarded to
- Landlord
- Reason
- Early Termination Fees
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $363.05
Total payable by Tenant to Landlord
Landlord $363.05
Dismissed claims
- Other Claims — All other claims dismissed
Claim types — money lines allowed on this order
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.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s39(3), s39(4), s40(1), s44A, s50(1)
Key findings
- Dispute theme: rent arrears
- Dispute theme: cleaning
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
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.