Published tribunal order
Tenancy Tribunal case 5545218 — Rent arrears at 45 Duke Street, Gladstone, Invercargill 9810
Decided 10 Sept 2026 · Published 10 Sept 2026 · Application 5545218
- Rent arrears
Order
- [The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] and Alex Rogers on behalf of RDR Builders Limited $1,028.58, calculated as shown in the table below.
- The bond of $2,400.00 held by the landlord is to be retained by the landlord and applied towards rent arrears as per the table below.
- All other claims are dismissed.
Reasons
- Mrs Rogers and Mr Rogers, representing the landlord, both attended the video conference hearing. The tenant did not attend the hearing as per the instructions in the Notice of Hearing and so did not attend the hearing. As the tenant was served, the hearing proceeded in her absence.
- The landlord has applied for rent arrears, outgoings and refund of the bond.
- The landlord said that, whilst there was a fixed-term tenancy due to end on 16 October 2026, they agreed the tenancy could end on 13 July 2026 when the tenant left the property.
What is owed for rent?
- The landlord has provided rent records which prove the amount owing to 15 July 2026, which is $3,600.00. Weekly rent is $600.00 so daily rent is $85.71. Two days’ rent @ $85.71/day, for a sub-total of $171.42 is deducted to take the rent arrears owing back to 13 July 2026, the end of the tenancy. Therefore, the tenant is to pay $3,428.58 in rent arrears. Power bills
- The landlord also claimed power, as outgoings, for the period of the tenancy, totalling $3,089.57 up to the end of the tenancy.
- The landlord said that the tenant was to arrange for her own power but did not, so the power account stayed in the landlord’s name for the duration of the tenancy. The landlord provided power invoices from 2 October 2025 to 30 April 2026, and then a further power invoice from 1 May 2026 to 1 September 2026.
- The tenancy began on 16 October 2025, which was part way through a power period, so the landlord said they only claimed $100.00 for the power bill covering the period 2 October 2025 to 1 November 2025. The landlord indicated that nobody lived in the property after the tenant left on 13 July 2026, hence their claim for the power bill covering the period 1 May 2026 to 1 September 2026.
- The landlord acknowledged during the hearing that the power bills claimed all included fixed power charges but said the tenant was supposed to arrange for power in her own name.
- The landlord did not provide a ledger showing power invoices remitted to the tenant, that would show power consumption charges, without fixed charges, dates invoices were remitted to the tenant, periods covered, any payments made and dates of any payments.
- There was no provision in the tenancy agreement for the tenant to arrange for her own power provider. There was a provision in the tenancy agreement that the tenant was to pay for her power, however.
- The landlord provided copies of emails between the parties, where the landlord requested that the tenant arrange for the power to be in her own name. The tenant’s correspondence says her previous power company told her power could not be connected by them at the tenancy address and that she had not approached another power company. The landlord attempted to follow up on power bills they received for the property in the meantime, which is reflected in the correspondence provided. The tenant said in the correspondence provided that she was trying to get her rent payments increased from WINZ to include $50.00 additionally to the landlord for power. From the correspondence provided, I find that the tenant stopped short of agreeing to have the power put into her own name. Given this, the landlord has not provided sufficient supporting evidence to show there was an agreement between the parties (i.e. from both parties, not just the landlord) that the tenant agreed to arrange for power in her own name. As this was not provided for in the tenancy agreement, the parties would both need to agree to this arrangement.
- Section 39 of the Residential Tenancies Act 1986 provides that the landlord is responsible for all outgoings in respect of the premises that are incurred whether or not the premises are occupied and are incurred for common facilities. The tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities. In other words, the landlord is responsible for any fixed charges and the tenant is responsible for power that is exclusively attributable to their use of power at the property.
- As the power invoices provided all include daily fixed charges, which are the landlord’s responsibility, and as the landlord did not provide any power ledger showing power transactions related to consumption of power only during the tenancy (without any fixed charges), so there was no evidence about the amount for power that would be exclusively attributable to the tenant’s consumption of power during the tenancy, I find the landlord has provided insufficient additional supporting evidence to prove their outgoings claim and so dismiss this claim. Refund of the bond
- The landlord said they received a bond of $2,400.00 but did not lodge the bond. So, the landlord is still holding the bond of $2,400.00 on behalf of the tenant. The bond of $2,400.00 is to be retained by the landlord to be applied against rent arrears ordered here.