What was Tenancy Tribunal case 5485093 about?

The tribunal order states: The landlord party is amended from “Accurate Infrastructure Solutions Limited

How much money was awarded in case 5485093?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5485093?

The primary dispute was Rent arrears. Related themes: Cleanliness, Boarding House.

Where can I read the official tribunal order for case 5485093?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14200013-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5485093 about?

The tribunal order states: The landlord party is amended from “Accurate Infrastructure Solutions Limited

How much money was awarded in case 5485093?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5485093?

The primary dispute was Rent arrears. Related themes: Cleanliness, Boarding House.

Where can I read the official tribunal order for case 5485093?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14200013-Tribunal_Order.pdf.

1011 Duke Street, Mahora, Hastings 4120 Tenancy Tribunal Case 5485093 — Rent arrears

Order

The landlord party is amended from “Accurate Infrastructure Solutions Limited [The tenant/s] landlord/s]” to “[The tenant/s] landlord/s].”
The application is dismissed.

Reasons

Both parties attended the hearing on 9 September 2026. The landlord was represented by Jameka Regaspe.
The landlord filed their application on 9 April 2026 and recorded the landlord as being “Accurate Infrastructure Solutions Limited [The tenant/s] landlord/s].” The tenancy agreement records the landlord as being “[The tenant/s] landlord/s].” Therefore, the landlord party to these proceedings is amended to reflect what is recorded in the tenancy agreement. Background
The landlord is involved with a company that brings in people from overseas to work in New Zealand. As part of this service, the landlord organises housing for the workers they bring in.
In this case, the tenancy address consists of a 3-bedroom home with a one- bedroom sleepout. There were 5 adults living in the main house and 2 living in the sleepout during the tenancy. The tenant shared their bedroom with one other person.
The landlord accepts the premises was operating as a boarding house during the tenancy, because there were 6 or more people living in it. 1
At the hearing, the landlord withdrew their claims for rent arrears. The landlord seeks compensation of $324.17 for outstanding electricity invoices and $215.62 for cleaning.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. Does the tenant owe $324.17 in outstanding electricity invoices? The law
Section 66E of the Residential Tenancies Act 1986 (RTA) discusses responsibility for payment of outgoings in boarding house tenancies. It states: 66EOutgoings (1)The landlord is responsible for all outgoings in respect of the boarding house that are incurred – (a)Whether or not the boarding house is occupied; or (b)For common facilities; or (c)In respect of rooms that are occupied by more than 1 tenant. (2)Without limited the generality of subsection (1), the landlord is responsible for the cost of - (a)The general rate (within the meaning of section 13 of the Local Government (Rating) Act 2002) payable in respect of the boarding house; and (b)Insurance premiums payable in respect of the boarding house. (3)A tenant is responsible for all outgoings that are exclusively attributable to the tenant’s occupation of a room that is exclusively occupied by the tenant. (4)Without limiting the generality of subsection (3), the tenant is responsible for the following charges, incurred during the tenancy, in respect of the premises: 1 Residential Tenancies Act 1986, section 66B. (a)Electricity and gas supplied to the tenant’s boarding room, if the supply is separately metered for that room: (b)Telephone and internet connected to the tenant’s boarding room. (5)If the landlord provides services to a tenant, and payment for those services is not included in the rent, the landlord must provide the tenant each week with an itemised account of the services provided and amount payable by the tenant. Evidence and submissions of the parties
The landlord claims the tenant’s rent of $200.00 per week includes internet, electricity and water, but only up to a certain point. Although it is not recorded in the tenancy agreement, the landlord claims the parties agreed that the tenant’s use of electricity and water would be capped at $50.00 each. If more than $50.00 of electricity or water was consumed, the landlord claims it was agreed that the extra consumption costs would be payable by all tenants equally. The landlord claims the tenant owes the following amounts for the following periods: a. 25/04/2026 – 25/05/2026: $67.53 b. 26/05/2026 – 24/06/2026: $65.53 c. 25/06/2026 – 24/07/2026: $68.58 d. 25/07/2026 – 24/08/2026: $68.71 e. 25/08/2026 – 22/09/2026: $28.82 f. 23/09/2026 – 21/10/2026: $25.00
The tenant claims they have been asked to pay more than other tenants and this is not fair. Analysis
The electricity invoices the landlord seeks to recover includes electricity consumed by all of the tenants when using common facilities such as, lights in the kitchen and lounge, as well as the fridge and oven. Outgoings that are incurred in respect of common facilities are the landlord’s responsibility, not the tenant’s. 2
A landlord may charge a tenant for electricity that is exclusively attributable to the tenant’s occupation of a room, but only if the tenant does not share the room with anyone else. Because the tenant shared their room with one other 2 Residential Tenancies Act 1986, section 66E(1)(b). person in this case, they are not responsible for any electricity consumed in respect of their room. Again, this is the landlord’s responsibility.
Even if the tenant did not share their room, the landlord would only be able to recover the cost of electricity incurred by the tenant in respect of their room if the landlord installed an electricity check meter on the tenant’s bedroom. Without this device, there is no way of knowing what proportion of the electricity invoices relate exclusively to the tenant’s occupation of their room.
Any agreement between the landlord and tenant requiring the tenant to pay for electricity consumed over a $50.00 cap is inconsistent with section 66E RTA and consequently, not enforceable pursuant to section 11.
For all of these reasons, the landlord’s claim for $324.17 in outstanding electricity invoices is dismissed. Did the tenant fail to keep their room reasonably clean and tidy during the tenancy? The law
Section 66K RTA describes the obligations of a tenant during the tenancy. Section 66K(c), requires a tenant to keep their room reasonably clean and reasonably tidy, and in a condition that does not create a health or safety hazard.
“Reasonably” clean means clean to the standard an average, reasonable bystander would consider reasonable. 3 It does not mean commercially clean, 4 spotless 5 or to a hotel or motel standard. 6 The better the premises and the higher the rent payable, the higher the standard expected. 7 Evidence and submissions of the parties
The landlord claims the tenant failed to keep the premises reasonably clean and tidy during the tenancy. The landlord sublets the premises and claims that they received a 14-day notice from the head landlord following an inspection completed on 24 January 2024. The landlord submitted a copy of the notice and accompanying photographs. The landlord had the premises cleaned at a cost of $862.50 following the 14-day notice and seeks to recover $215.62 from the tenant. 3 Housing New Zealand v Holloway NZTT Auckland TT215/93, 8 February 1993 at [8]. 4 Mills v Kiwi Property Care Ltd NZTT Auckland TT215/93, 8 February 1993 at [8]. 5 Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 6 Richards v Scully NZTT Christchurch TT858/97, 8 May 1997 at [3]; Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 7 Westwood v Western [1994] DCR 759 at [770].
The tenant claims they should not have to pay any portion of the invoice, because they did not agree to the landlord hiring a cleaner. Analysis
The tenant only has a duty to keep their room reasonably clean and tidy, not the common areas.
The photographs submitted by the landlord from 24 January 2024 mostly show common areas of the premises such as, the kitchen and bathroom. There is one photographs of a bedroom, but it does not show the whole bedroom, only a small part with a rice cooker on the floor. The landlord did not give evidence at the hearing that this was the tenant’s bedroom. Even if it was the tenant’s bedroom, the photograph does not show enough of the bedroom for me conclude that it was not reasonably clean and tidy.
For all of these reasons, the landlord has not proven that the tenant failed to keep their room reasonably clean and tidy during the tenancy.
This claim is dismissed. Filing fee
The landlord has not been wholly or substantially successful with their claim. Therefore, I do not order the tenant to reimburse the filing fee.

Order

The landlord party is amended from “Accurate Infrastructure Solutions Limited [The tenant/s] landlord/s]” to “[The tenant/s] landlord/s].”
The application is dismissed.

Reasons

Both parties attended the hearing on 9 September 2026. The landlord was represented by Jameka Regaspe.
The landlord filed their application on 9 April 2026 and recorded the landlord as being “Accurate Infrastructure Solutions Limited [The tenant/s] landlord/s].” The tenancy agreement records the landlord as being “[The tenant/s] landlord/s].” Therefore, the landlord party to these proceedings is amended to reflect what is recorded in the tenancy agreement. Background
The landlord is involved with a company that brings in people from overseas to work in New Zealand. As part of this service, the landlord organises housing for the workers they bring in.
In this case, the tenancy address consists of a 3-bedroom home with a one- bedroom sleepout. There were 5 adults living in the main house and 2 living in the sleepout during the tenancy. The tenant shared their bedroom with one other person.
The landlord accepts the premises was operating as a boarding house during the tenancy, because there were 6 or more people living in it. 1
At the hearing, the landlord withdrew their claims for rent arrears. The landlord seeks compensation of $324.17 for outstanding electricity invoices and $215.62 for cleaning.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. Does the tenant owe $324.17 in outstanding electricity invoices? The law
Section 66E of the Residential Tenancies Act 1986 (RTA) discusses responsibility for payment of outgoings in boarding house tenancies. It states: 66EOutgoings (1)The landlord is responsible for all outgoings in respect of the boarding house that are incurred – (a)Whether or not the boarding house is occupied; or (b)For common facilities; or (c)In respect of rooms that are occupied by more than 1 tenant. (2)Without limited the generality of subsection (1), the landlord is responsible for the cost of - (a)The general rate (within the meaning of section 13 of the Local Government (Rating) Act 2002) payable in respect of the boarding house; and (b)Insurance premiums payable in respect of the boarding house. (3)A tenant is responsible for all outgoings that are exclusively attributable to the tenant’s occupation of a room that is exclusively occupied by the tenant. (4)Without limiting the generality of subsection (3), the tenant is responsible for the following charges, incurred during the tenancy, in respect of the premises: 1 Residential Tenancies Act 1986, section 66B. (a)Electricity and gas supplied to the tenant’s boarding room, if the supply is separately metered for that room: (b)Telephone and internet connected to the tenant’s boarding room. (5)If the landlord provides services to a tenant, and payment for those services is not included in the rent, the landlord must provide the tenant each week with an itemised account of the services provided and amount payable by the tenant. Evidence and submissions of the parties
The landlord claims the tenant’s rent of $200.00 per week includes internet, electricity and water, but only up to a certain point. Although it is not recorded in the tenancy agreement, the landlord claims the parties agreed that the tenant’s use of electricity and water would be capped at $50.00 each. If more than $50.00 of electricity or water was consumed, the landlord claims it was agreed that the extra consumption costs would be payable by all tenants equally. The landlord claims the tenant owes the following amounts for the following periods: a. 25/04/2026 – 25/05/2026: $67.53 b. 26/05/2026 – 24/06/2026: $65.53 c. 25/06/2026 – 24/07/2026: $68.58 d. 25/07/2026 – 24/08/2026: $68.71 e. 25/08/2026 – 22/09/2026: $28.82 f. 23/09/2026 – 21/10/2026: $25.00
The tenant claims they have been asked to pay more than other tenants and this is not fair. Analysis
The electricity invoices the landlord seeks to recover includes electricity consumed by all of the tenants when using common facilities such as, lights in the kitchen and lounge, as well as the fridge and oven. Outgoings that are incurred in respect of common facilities are the landlord’s responsibility, not the tenant’s. 2
A landlord may charge a tenant for electricity that is exclusively attributable to the tenant’s occupation of a room, but only if the tenant does not share the room with anyone else. Because the tenant shared their room with one other 2 Residential Tenancies Act 1986, section 66E(1)(b). person in this case, they are not responsible for any electricity consumed in respect of their room. Again, this is the landlord’s responsibility.
Even if the tenant did not share their room, the landlord would only be able to recover the cost of electricity incurred by the tenant in respect of their room if the landlord installed an electricity check meter on the tenant’s bedroom. Without this device, there is no way of knowing what proportion of the electricity invoices relate exclusively to the tenant’s occupation of their room.
Any agreement between the landlord and tenant requiring the tenant to pay for electricity consumed over a $50.00 cap is inconsistent with section 66E RTA and consequently, not enforceable pursuant to section 11.
For all of these reasons, the landlord’s claim for $324.17 in outstanding electricity invoices is dismissed. Did the tenant fail to keep their room reasonably clean and tidy during the tenancy? The law
Section 66K RTA describes the obligations of a tenant during the tenancy. Section 66K(c), requires a tenant to keep their room reasonably clean and reasonably tidy, and in a condition that does not create a health or safety hazard.
“Reasonably” clean means clean to the standard an average, reasonable bystander would consider reasonable. 3 It does not mean commercially clean, 4 spotless 5 or to a hotel or motel standard. 6 The better the premises and the higher the rent payable, the higher the standard expected. 7 Evidence and submissions of the parties
The landlord claims the tenant failed to keep the premises reasonably clean and tidy during the tenancy. The landlord sublets the premises and claims that they received a 14-day notice from the head landlord following an inspection completed on 24 January 2024. The landlord submitted a copy of the notice and accompanying photographs. The landlord had the premises cleaned at a cost of $862.50 following the 14-day notice and seeks to recover $215.62 from the tenant. 3 Housing New Zealand v Holloway NZTT Auckland TT215/93, 8 February 1993 at [8]. 4 Mills v Kiwi Property Care Ltd NZTT Auckland TT215/93, 8 February 1993 at [8]. 5 Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 6 Richards v Scully NZTT Christchurch TT858/97, 8 May 1997 at [3]; Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 7 Westwood v Western [1994] DCR 759 at [770].
The tenant claims they should not have to pay any portion of the invoice, because they did not agree to the landlord hiring a cleaner. Analysis
The tenant only has a duty to keep their room reasonably clean and tidy, not the common areas.
The photographs submitted by the landlord from 24 January 2024 mostly show common areas of the premises such as, the kitchen and bathroom. There is one photographs of a bedroom, but it does not show the whole bedroom, only a small part with a rice cooker on the floor. The landlord did not give evidence at the hearing that this was the tenant’s bedroom. Even if it was the tenant’s bedroom, the photograph does not show enough of the bedroom for me conclude that it was not reasonably clean and tidy.
For all of these reasons, the landlord has not proven that the tenant failed to keep their room reasonably clean and tidy during the tenancy.
This claim is dismissed. Filing fee
The landlord has not been wholly or substantially successful with their claim. Therefore, I do not order the tenant to reimburse the filing fee.

Tenancy Tribunal case 5485093 — Rent arrears at 1011 Duke Street, Mahora, Hastings 4120

At a glance

Tenancy Tribunal case 5485093 — Rent arrears at 1011 Duke Street, Mahora, Hastings 4120

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.