Tenantcheck Insights · Case study
Tenancy Tribunal case 5429791 — Property damage at Unit/Flat 3, 9A Spargo Road, Massey, Auckland 0614
Published 7 May 2026 · Application 5429791
- Property damage
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
- $1,453.86
- Total balance for Tenant to pay Landlord
- $1,453.86
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Repairs | $653.86 | Repairs | |
| Lawns and Garden work | $800.00 | Lawns and Garden work | |
| Net award | $1,453.86 | ||
| Total payable by Tenant to Landlord | $1,453.86 |
Claims and awards for application 5429791 — net $1,453.86 NZD. Verify on MoJ.
Repairs
- Amount
- $653.86
- Awarded to
- Landlord
- Reason
- Repairs
Lawns and Garden work
- Amount
- $800.00
- Awarded to
- Landlord
- Reason
- Lawns and Garden work
Net award
Landlord $1,453.86
Total payable by Tenant to Landlord
Landlord $1,453.86
Claim types — money lines allowed on this order
Order
- Dulce Corazon Hershe Ojascastro must pay Kāinga Ora–Homes And Communities $1,453.86 immediately, calculated as shown in table below:
Reasons
- The applicant attended the hearing. The respondent did not.
- This tenancy commenced on 26 July 2019 and concluded on 17 December 2025.
- The applicant seeks compensation of $800.00 for overgrown lawns and gardens, and $653.86 for repairs to the property at the conclusion of the tenancy.
- I have reviewed the photographs provided by the applicant. The photographs show that the lawns and gardens were overgrown, in breach of the tenants’ obligations under section 40(1)(e)(iii) to leave the premises in a reasonably clean and tidy condition and to remove all rubbish. On this basis, the costs relating to the lawns and gardens are awarded.
- I have also reviewed the photographs relating to the damage claimed. An amount of $513.52 relates to the replacement of a large window, which is shown cracked across the pane. The photographs also show damage to the kitchen cabinetry, including a removed handle and drawer runners broken in half.
- Section 40(2)(a) prohibits tenants from causing careless or intentional damage to the tenancy premises. Where damage is established during the tenancy, sections 49B(a) and (b) place the onus on the tenants to establish that the damage was neither careless nor intentional. The tenants have not attended to dispute liability or provide any evidence in response. I am therefore satisfied that the damage has been proven and that the tenants are liable for the resulting costs.
- Accordingly, the damage costs are awarded.
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
Key findings
- Dispute theme: property damage
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5429791?
The tribunal order states: Dulce Corazon Hershe Ojascastro must pay Kāinga Ora–Homes And
How much money was awarded in case 5429791?
Lawns and Garden Work: $800.00 awarded to landlord; Property Damage: $653.86 awarded to landlord
What type of tenancy dispute was case 5429791?
The primary dispute was Property damage.
Where can I read the official tribunal order for case 5429791?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13560695-Tenancy_Tribunal_Order.pdf.