Tenantcheck Insights · Case study
Tenancy Tribunal case 5378303 — Rent arrears at Unit/Flat Flat 2, 73 Palmers Road, Clendon Park, Auckland
Decided 28 January 2026 · Published 28 January 2026 · Application 5378303
- Rent arrears
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
C Lamdin
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $481.51
- Bond payment as ordered
- −$172.00
- Total balance for Tenant to pay Landlord
- $309.51
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 1 September 2025 | $318.00 | Rent arrears to 1 September 2025 | |
| Repairs | $163.51 | Repairs | |
| Net award | $309.51 | ||
| Total payable by Tenant to Landlord | $309.51 |
Claims and awards for application 5378303 — net $309.51 NZD. Verify on MoJ.
Rent arrears to 1 September 2025
- Amount
- $318.00
- Awarded to
- Landlord
- Reason
- Rent arrears to 1 September 2025
Repairs
- Amount
- $163.51
- Awarded to
- Landlord
- Reason
- Repairs
Net award
Landlord $309.51
Total payable by Tenant to Landlord
Landlord $309.51
Claim types — money lines allowed on this order
Order
- Jason Heka must pay Kāinga Ora–Homes And Communities $309.51 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $172.00 (5217138-009) to Kāinga Ora– Homes And Communities immediately.
Reasons
- The landlord attended the hearing which was held by teleconference. The tenant did not answer the calls made at the scheduled time on the number provided to the Tribunal.
- The tenant has been served by email which is an address for service on his tenancy agreement.
- Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
- The landlord has applied for rent arrears, compensation and refund of the bond, following the end of the tenancy.
How much is owed for rent?
- The tenancy ended on 1 September 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy is $318.00.
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 “RTA”)
- The landlord made claims for $783.00 for cleaning.
- Having looked closely at photographs taken at the exit inspection on 1 September 2025, I have determined that the tenant left the premises reasonably clean and tidy.
- A responsible landlord will usually conduct a deep clean between tenancies, but this is not the tenant’s responsibility.
- The claims for cleaning are not 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.
- The landlord provided photographs that show damage to a door and to a wall which exceed fair wear and tear. The tenant has not disproved carelessness. These claims are proved. The damage is careless.
- The amounts ordered are proved.
- I must take 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.
- In this case the tenancy last 17 years, and is therefore the premises are due a substantial refresh, if not total renovation. The tenant should not be expected to contribute to this cost at all. The claim for damages has been reduced accordingly.
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)
Key findings
- Dispute theme: rent arrears
- Dispute theme: property damage
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5378303?
The tribunal order states: Jason Heka must pay Kāinga Ora–Homes And Communities $309.51
How much money was awarded in case 5378303?
Property Damage: $163.51 awarded to landlord; Rent Arrears: $318.00 awarded to landlord
What type of tenancy dispute was case 5378303?
The primary dispute was Rent arrears. Related themes: Property damage.
Where can I read the official tribunal order for case 5378303?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13037358-Tenancy_Tribunal_Order.pdf.