Tenantcheck Insights · Case study
Tenancy Tribunal case 5386563 — Rent arrears at Unit/Flat Unit 18, 36 Westgate Drive, Westgate, Auckland
Published 15 April 2026 · Application 5386563
Landlord favoured
- Rent arrears
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
H Ben Fayed
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $3,238.00
- Total balance for Tenant to pay Landlord
- $3,238.00
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 31/10/2025 | $2,950.00 | Rent arrears to 31/10/2025 | |
| Cleaning | $260.00 | Cleaning | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $3,238.00 | ||
| Total payable by Tenant to Landlord | $3,238.00 |
Claims and awards for application 5386563 — net $3,238.00 NZD. Verify on MoJ.
Rent arrears to 31/10/2025
- Amount
- $2,950.00
- Awarded to
- Landlord
- Reason
- Rent arrears to 31/10/2025
Cleaning
- Amount
- $260.00
- Awarded to
- Landlord
- Reason
- Cleaning
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $3,238.00
Total payable by Tenant to Landlord
Landlord $3,238.00
Claim types — money lines allowed on this order
Order
- Justin Williams must pay Crockers Property Management Limited As Agents For Hamid Sharifzadeh And Farnaz Rajabi Mehr $3,238.00 immediately, calculated as shown in table below.
- The applicant states that the tenancy ended on 31 October 2025 by mutual consent. They seek the following amounts: a) $2,950.00 for rent arrears to 31/10/2025 b) $300.00 for replacement of a damaged blind c) $250.00 for the insurance excess relating to repair and replacement of the front door d) $360.00 for post-tenancy cleaning e) $747.50 for paint repairs and touch-ups f) $402.50 for replacement of a drain cover The burden of proof:
- The burden of proof lies with the applicant in proceedings before the Tenancy Tribunal. The applicant must satisfy the Tribunal, on the balance of probabilities, that the costs claimed arise from a breach of the tenancy and are properly the liability of the respondent. Rent arrears:
- The applicant has provided rent records showing the amounts owing to the end of the tenancy. I am satisfied these records are correct.
- The rent arrears are awarded. Blinds, front door, and paint damage:
- The applicant says that during the tenancy there was an altercation at the property, as a result of which the front door was damaged. He believes the door was kicked in, and that the blind in front of the door was also damaged in the same incident. He says this is based on what the respondent told him.
- The photographs show the front door area boarded up. The applicant says the blinds in front of the door were damaged during that same altercation. He also says the claimed $747.50 for paint repairs relates to dents in the wall caused during that incident.
- However, it is unclear whether the altercation involved a person who was at the property with the respondent’s permission. That is a necessary element for the damage to be attributed to the respondent. Given that the door appears to have been forced open, it is more likely that the person involved did not have the respondent’s permission to enter.
- On that basis, the respondent is not liable for the replacement of the door.
- Further, the photographs said to show the damaged areas appear to show no damage. While the applicant submits that the photographs do not accurately reflect the condition at the time, I must determine the matter based on the evidence before me.
- In relation to the blinds, the applicant says they were damaged during the same incident. However, the documentary evidence, being an email chain between the owner and a blind supplier, records that the blind was “torn and frayed” and that “the back is cracking”, with the damage developing earlier in the year. This is inconsistent with the applicant’s description of damage caused by a single forceful event.
- Accordingly, I am not satisfied that the respondent is liable for the blinds or the paint repairs.
- Accordingly these claims are dismissed. Drain cover
- The applicant says the drain cover was cracked in half. However, the exit inspection photographs provided appear to show the drain cover to be undamaged. The applicant submits that the photographs do not reflect the true condition, but again, I must rely on the evidence before me.
- As the evidence does not establish damage, this claim is dismissed. Cleaning
- The applicant seeks $360.00 for cleaning, relying on the tenant’s obligation under section 40(1)(e)(iii) of the Residential Tenancies Act 1986 to leave the premises reasonably clean and tidy at the end of the tenancy.
- The applicant has provided photographs showing that the kitchen and bathrooms were not left in a reasonably clean and tidy condition. I accept that cleaning was required.
- However, the cleaning invoice includes work beyond the scope described by the applicant or that is necessary according to the photos. I consider it appropriate to award $260.00 of the $360.00 claimed. Filing fee
- As the applicant has been substantially successful, I award the filing fee. H Ben Fayed 15 April 2026
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1)
Key findings
- Dispute theme: rent arrears
- Dispute theme: cleaning
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5386563?
The tribunal order states: Justin Williams must pay Crockers Property Management Limited As Agents For
How much money was awarded in case 5386563?
Cleaning: $260.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,950.00 awarded to landlord
What type of tenancy dispute was case 5386563?
The primary dispute was Rent arrears. Related themes: Cleanliness.
Where can I read the official tribunal order for case 5386563?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13450511-Tenancy_Tribunal_Order.pdf.