Tenantcheck Insights · Case study
Tenancy Tribunal case 5357004 — Rent arrears at 2C Convair Crescent, Mangere, Auckland 2022
Published 13 January 2026 · Application 5357004
Landlord favoured
- Rent arrears
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
A Aiolupotea
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $8,873.84
- Bond payment as ordered
- −$3,920.00
- Total balance for Tenant to pay Landlord
- $4,953.84
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears | $3,920.00 | 2. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of t… | |
| Water rates | $109.09 | Water rates | |
| Pest control: Fleas and ants | $345.00 | Pest control: Fleas and ants | |
| Rubbish removal | $287.50 | Rubbish removal | |
| Rubbish removal | $115.00 | Rubbish removal | |
| Pest control: Cockroaches | $218.50 | Pest control: Cockroaches | |
| Repairs | $2,892.25 | Repairs | |
| Break lease fee | $602.00 | Break lease fee | |
| Cleaning | $356.50 | Cleaning | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $4,953.84 | ||
| Total payable by Tenant to Landlord | $4,953.84 |
Claims and awards for application 5357004 — net $4,953.84 NZD. Verify on MoJ.
Rent arrears
- Amount
- $3,920.00
- Awarded to
- Landlord
- Reason
- 2. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of t…
Water rates
- Amount
- $109.09
- Awarded to
- Landlord
- Reason
- Water rates
Pest control: Fleas and ants
- Amount
- $345.00
- Awarded to
- Landlord
- Reason
- Pest control: Fleas and ants
Rubbish removal
- Amount
- $287.50
- Awarded to
- Landlord
- Reason
- Rubbish removal
Rubbish removal
- Amount
- $115.00
- Awarded to
- Landlord
- Reason
- Rubbish removal
Pest control: Cockroaches
- Amount
- $218.50
- Awarded to
- Landlord
- Reason
- Pest control: Cockroaches
Repairs
- Amount
- $2,892.25
- Awarded to
- Landlord
- Reason
- Repairs
Break lease fee
- Amount
- $602.00
- Awarded to
- Landlord
- Reason
- Break lease fee
Cleaning
- Amount
- $356.50
- Awarded to
- Landlord
- Reason
- Cleaning
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $4,953.84
Total payable by Tenant to Landlord
Landlord $4,953.84
Claim types — money lines allowed on this order
Order
- Kelly Aroha Hana must pay Nzpro Property Management Limited As Agent For Jayden Corporation Ltd $4,953.84 immediately, being rent arrears to 3 October 2026.
- Kelly Aroha Hana must pay Nzpro Property Management Limited As Agent For Jayden Corporation Ltd $4,953.84 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $3,920.00 (BN-00049075) to Nzpro Property Management Limited As Agent For Jayden Corporation Ltd immediately.
Reasons
- The Landlord attended the hearing. The Tenant did not attend.
- The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent and water rates arrears?
- The tenancy ended on 3 October 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
- The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. An ingoing and outgoing inspection report and invoices were provided to substantiate the costs.
- When the Landlord went to inspect the house on or about 24 September 2025, they were bitten by fleas. They had noticed during the tenancy the tenants had dogs outside and so the Landlord served a 14-day breach notice to the tenants. The property was treated for fleas and ants. The Landlord also discovered a cockroach infestation. Invoices were provided for the pest treatment.
- The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
- 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. See sections 40(2)(a), 41 and 49B RTA.
- Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
- Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
- Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
- Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
- Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
- The following damage was caused during the tenancy: Damaged downstairs bedroom net curtain and carpet stains, curtain hook and tie damage, wall damage repair near the house entrance, stair wall damage, wall dent in the small room next to the kitchen, living room net curtain damage, cleaning and painting around discoloured lights, window sticker removal, wall damage next to light switch, ensuite, carpet stain in the middle bedroom. Ingoing and outgoing inspection report photos were provided and an invoice for the repairs.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.
- I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
- As Nzpro Property Management Limited As Agent For Jayden Corporation Ltd has wholly succeeded with the claim the Tenant must reimburse the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s40(2), s49B, s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: rent arrears
- Dispute theme: property damage
- Dispute theme: cleaning
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5357004?
The tribunal order states: Kelly Aroha Hana must pay Nzpro Property Management Limited As Agent For
How much money was awarded in case 5357004?
Break Lease Fee: $602.00 awarded to landlord; Cleaning: $356.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Pest Control: $218.50 awarded to landlord; Pest Control: $345.00 awarded to landlord; Property Damage: $2,892.25 awarded to landlord; Rent Arrears: $3,920.00 awarded to landlord; Rubbish Removal: $287.50 awarded to landlord; Rubbish Removal: $115.00 awarded to landlord; Water Rates: $109.09 awarded to landlord
What type of tenancy dispute was case 5357004?
The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.
Where can I read the official tribunal order for case 5357004?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12964822-Tenancy_Tribunal_Order.pdf.