Tenantcheck Insights · Case study
Tenancy Tribunal case 5408928 — Rent arrears at 11 Lavinia Crescent, Mangere East, Auckland 2024
Published 12 March 2026 · Application 5408928
- 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
A Macpherson
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $4,214.42
- Total balance for Tenant to pay Landlord
- $1,019.00
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 29 November 2023 | $2,587.71 | Rent arrears to 29 November 2023 | |
| Window repairs | $147.00 | Window repairs | |
| Less payments made by Tenant | $1,479.71 | Less payments made by Tenant | |
| Total award | $2,734.71 | $1,479.71 | |
| Net award | $1,019.00 | ||
| Total payable by Tenant to Landlord | $1,019.00 |
Claims and awards for application 5408928 — net $1,019.00 NZD. Verify on MoJ.
Rent arrears to 29 November 2023
- Amount
- $2,587.71
- Awarded to
- Landlord
- Reason
- Rent arrears to 29 November 2023
Window repairs
- Amount
- $147.00
- Awarded to
- Landlord
- Reason
- Window repairs
Less payments made by Tenant
- Amount
- $1,479.71
- Awarded to
- Tenant
- Reason
- Less payments made by Tenant
Total award
Landlord $2,734.71 · Tenant $1,479.71
Net award
Landlord $1,019.00
Total payable by Tenant to Landlord
Landlord $1,019.00
Claim types — money lines allowed on this order
Order
- Palenapa Talosaga Asini and Tasileta Asini must pay Kāinga Ora–Homes And Communities $1,019.00 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $236.00 to Kāinga Ora–Homes And Communities immediately.
Reasons
- The landlord attended the hearing. The tenant did not appear.
- The absence of a party does not prevent the matter from being heard and determined.
- The landlord has applied for rent arrears, compensation, and refund of the bond. The landlord confirmed the tenant has already made payments totalling $1,479.71 which have been taken into account.
How much is owed for rent?
- The tenancy ended on 29 November 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.
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 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.
- The following damage was caused during the tenancy: broken window boarded up in the lounge. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amount ordered is proved.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(2), s49B(1), s49B(3), s49B(3A)
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 5408928?
The tribunal order states: Palenapa Talosaga Asini and Tasileta Asini must pay Kāinga Ora–Homes And
How much money was awarded in case 5408928?
Less Payments Made By Tenant: $1,479.71 awarded to tenant; Property Damage: $147.00 awarded to landlord; Rent Arrears: $2,587.71 awarded to landlord
What type of tenancy dispute was case 5408928?
The primary dispute was Rent arrears. Related themes: Property damage.
Where can I read the official tribunal order for case 5408928?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13273850-Tenancy_Tribunal_Order.pdf.