Tenantcheck Insights · Case study
Tenancy Tribunal case 5384241 — Property damage at Unit/Flat Flat 2, 3 Awa Street, Otahuhu, Auckland 1062
Published 21 January 2026 · Application 5384241
- Property damage
- Rent arrears
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
- $1,346.21
- Total balance for Tenant to pay Landlord
- $1,346.21
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 16 September 2025 | $445.71 | Rent arrears to 16 September 2025 | |
| Rubbish removal: Interior | $328.42 | Rubbish removal: Interior | |
| Rubbish removal: Exterior | $86.48 | Rubbish removal: Exterior | |
| Repairs: Hole in wall | $56.72 | Repairs: Hole in wall | |
| Window repairs | $389.02 | Window repairs | |
| Repairs: Bathroom cabinet | $39.86 | Repairs: Bathroom cabinet | |
| Net award | $1,346.21 | ||
| Total payable by Tenant to Landlord | $1,346.21 |
Claims and awards for application 5384241 — net $1,346.21 NZD. Verify on MoJ.
Rent arrears to 16 September 2025
- Amount
- $445.71
- Awarded to
- Landlord
- Reason
- Rent arrears to 16 September 2025
Rubbish removal: Interior
- Amount
- $328.42
- Awarded to
- Landlord
- Reason
- Rubbish removal: Interior
Rubbish removal: Exterior
- Amount
- $86.48
- Awarded to
- Landlord
- Reason
- Rubbish removal: Exterior
Repairs: Hole in wall
- Amount
- $56.72
- Awarded to
- Landlord
- Reason
- Repairs: Hole in wall
Window repairs
- Amount
- $389.02
- Awarded to
- Landlord
- Reason
- Window repairs
Repairs: Bathroom cabinet
- Amount
- $39.86
- Awarded to
- Landlord
- Reason
- Repairs: Bathroom cabinet
Net award
Landlord $1,346.21
Total payable by Tenant to Landlord
Landlord $1,346.21
Claim types — money lines allowed on this order
Order
- JOSEPHINE SILVA must pay Kāinga Ora–Homes And Communities $1,346.21 immediately, calculated as shown in table below.
Reasons
- The landlord attended the hearing which was held by teleconference.
- The tenant did not answer any of the three calls that were made at the scheduled time to the number provided provided to the Tribunal. The tenant has been served notice of the hearing to her e-mail address, which is the same e- mail address provided on the tenancy agreement and used by the tenant when she gave notice to end the tenancy.
- Because I am satisfied the tenant has been served effective notice of the hearing, I conducted the hearing and the tenants absence.
- The landlord has applied for rent arrears and compensation following the end of the tenancy.
How much is owed for rent?
- The tenancy ended on 16 September 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy is $445.71.
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 landlord provided photographs which show that at the end of the tenancy a large amount of rubbish and belongings were left inside and some rubbish was left outside the premises.
- This claim and the amounts ordered approved.
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.
- 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.
- The landlord is claiming for the following damage: a. A small hole in a wall, b. re-glazing an aluminium window, and c. replacing a bathroom cabinet.
- These claims and the amounts ordered are proved.
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(1)
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 5384241?
The tribunal order states: JOSEPHINE SILVA must pay Kāinga Ora–Homes And Communities $1,346.21
How much money was awarded in case 5384241?
Property Damage: $389.02 awarded to landlord; Rent Arrears: $445.71 awarded to landlord; Bathroom Cabinet: $39.86 awarded to landlord; Hole In Wall: $56.72 awarded to landlord; Rubbish Removal: $86.48 awarded to landlord; Rubbish Removal: $328.42 awarded to landlord
What type of tenancy dispute was case 5384241?
The primary dispute was Property damage. Related themes: Rent arrears.
Where can I read the official tribunal order for case 5384241?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13001191-Tenancy_Tribunal_Order.pdf.