What was the outcome of Tenancy Tribunal case 5355901?

The tribunal order states: Lauma Lou-Louise Esekielu must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5355901?

Cleaning: $783.92 awarded to landlord; Rent Arrears: $1,917.15 awarded to landlord; Holes In Walls: $473.72 awarded to landlord; Replace Furnishings: Outdoor Shed: $553.68 awarded to landlord; Rubbish Removal: $507.67 awarded to landlord

What type of tenancy dispute was case 5355901?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 5355901?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13051919-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5355901?

The tribunal order states: Lauma Lou-Louise Esekielu must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5355901?

Cleaning: $783.92 awarded to landlord; Rent Arrears: $1,917.15 awarded to landlord; Holes In Walls: $473.72 awarded to landlord; Replace Furnishings: Outdoor Shed: $553.68 awarded to landlord; Rubbish Removal: $507.67 awarded to landlord

What type of tenancy dispute was case 5355901?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 5355901?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13051919-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 28, 123 Church Street, Otahuhu, Auckland Tenancy Tribunal Case 5355901 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5355901 — net $4,154.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 September 2025	$1,917.15	Rent arrears to 1 September 2025
Cleaning	$783.92	Cleaning
Rubbish removal	$507.67	Rubbish removal
Repairs: Holes in walls	$473.72	Repairs: Holes in walls
Replace furnishings: Outdoor shed	$553.68	Replace furnishings: Outdoor shed
Net award	$4,154.14
Total payable by Tenant to Landlord	$4,154.14

The landlord attended the hearing on 30 January 2026. The tenant did not.

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

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

How must does the tenant owe in rent arrears?

The tenancy ended on 1 September 2025. The landlord submitted a rent summary, which records rent arrears as being $1,917.15 up to 1 September 2025.

I accept the landlord’s rent summary as accurate and grant their claim for rent arrears for $1,917.15.

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

At the end of the tenancy, the tenant must remove all personal belongings and rubbish and leave the premises reasonably clean and tidy. 1

The photographs taken at the end of the tenancy prove the tenant did not do this. There are personal belongings and rubbish inside the premises, including cardboard boxes. The premises have clearly not been cleaned. There is dust and rubbish on the floors, which do not appear to have been vacuumed. The floors do not appear to have been mopped. The kitchen and bathroom are dirty.

The landlord’s claim for compensation is granted for $783.92 for cleaning and $507.67 for rubbish removal. The landlord submitted a work order for this amount. Is the tenant responsible for damage that occurred at the premises during the tenancy?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. 2 1 Residential Tenancies Act 1986, section 40(1)(e)(ii) & (iii). 2 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B.

The tenancy began on 23 August 2011. No entry inspection photographs were taken however, an entry inspection report was completed. No damage is noted to the walls or outdoor shed. Some of the walls are noted as having been newly painted.

The photographs taken at the end of the tenancy show a number of holes in the walls in the living room, hallway/entry and bedroom 2. The shed is also missing a door.

On the balance of probabilities, I find the internal walls and shed were damaged during the tenancy. The damage exceeds fair wear and tear, and the tenant has not disproved liability.

The landlord’s claim for compensation to repair the holes in the walls is granted for $473.72. The landlord submitted a work order for this amount.

The landlord’s claim for compensation to replace the shed is granted for $553.68. The landlord submitted a work order for $1,107.36 to purchase a new shed however, the shed at the premises was 10 years old at the end of the tenancy. There needs to be an adjustment to the amount of compensation reflect betterment and depreciation. The landlord must be returned to the same position they would have been in had the tenant not breached their obligations. They must not be any better or worse off. Considering the age of the shed, I find a reduction of 50% is appropriate.

The landlord’s claim for compensation in relation to the shed is granted for $553.68.

The landlord did not seek the filing fee.

Claims and awards in Tenancy Tribunal application 5355901 — net $4,154.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 September 2025	$1,917.15	Rent arrears to 1 September 2025
Cleaning	$783.92	Cleaning
Rubbish removal	$507.67	Rubbish removal
Repairs: Holes in walls	$473.72	Repairs: Holes in walls
Replace furnishings: Outdoor shed	$553.68	Replace furnishings: Outdoor shed
Net award	$4,154.14
Total payable by Tenant to Landlord	$4,154.14

Order

Lauma Lou-Louise Esekielu must pay Kāinga Ora–Homes And Communities $4,154.14 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $82.00 (5800460-001) to Kāinga Ora– Homes And Communities immediately.

Reasons

The landlord attended the hearing on 30 January 2026. The tenant did not.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

How must does the tenant owe in rent arrears?

The tenancy ended on 1 September 2025. The landlord submitted a rent summary, which records rent arrears as being $1,917.15 up to 1 September 2025.
I accept the landlord’s rent summary as accurate and grant their claim for rent arrears for $1,917.15.

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

At the end of the tenancy, the tenant must remove all personal belongings and rubbish and leave the premises reasonably clean and tidy. 1
The photographs taken at the end of the tenancy prove the tenant did not do this. There are personal belongings and rubbish inside the premises, including cardboard boxes. The premises have clearly not been cleaned. There is dust and rubbish on the floors, which do not appear to have been vacuumed. The floors do not appear to have been mopped. The kitchen and bathroom are dirty.
The landlord’s claim for compensation is granted for $783.92 for cleaning and $507.67 for rubbish removal. The landlord submitted a work order for this amount. Is the tenant responsible for damage that occurred at the premises during the tenancy?
A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. 2 1 Residential Tenancies Act 1986, section 40(1)(e)(ii) & (iii). 2 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B.
The tenancy began on 23 August 2011. No entry inspection photographs were taken however, an entry inspection report was completed. No damage is noted to the walls or outdoor shed. Some of the walls are noted as having been newly painted.
The photographs taken at the end of the tenancy show a number of holes in the walls in the living room, hallway/entry and bedroom 2. The shed is also missing a door.
On the balance of probabilities, I find the internal walls and shed were damaged during the tenancy. The damage exceeds fair wear and tear, and the tenant has not disproved liability.
The landlord’s claim for compensation to repair the holes in the walls is granted for $473.72. The landlord submitted a work order for this amount.
The landlord’s claim for compensation to replace the shed is granted for $553.68. The landlord submitted a work order for $1,107.36 to purchase a new shed however, the shed at the premises was 10 years old at the end of the tenancy. There needs to be an adjustment to the amount of compensation reflect betterment and depreciation. The landlord must be returned to the same position they would have been in had the tenant not breached their obligations. They must not be any better or worse off. Considering the age of the shed, I find a reduction of 50% is appropriate.
The landlord’s claim for compensation in relation to the shed is granted for $553.68.
The landlord did not seek the filing fee.

Tenancy Tribunal case 5355901 — Rent arrears at Unit/Flat Flat 28, 123 Church Street, Otahuhu, Auckland

At a glance

Tenancy Tribunal case 5355901 — Rent arrears at Unit/Flat Flat 28, 123 Church Street, Otahuhu, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How must does the tenant owe in rent arrears?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How must does the tenant owe in rent arrears?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions