Tenantcheck Insights · Case study
Tenancy Tribunal case 5452269 — Rent arrears at Unit/Flat 1, 58 Kelwyn Road, Kelston, Auckland 0602
Published 29 May 2026 · Application 5452269
- 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
G Baker
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $2,437.75
- Bond payment as ordered
- −$248.00
- Total balance for Tenant to pay Landlord
- $2,189.75
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears | $876.00 | Rent arrears | |
| Repairs: holes in walls | $201.75 | Repairs: holes in walls | |
| Repairs: bathroom cabinet | $100.00 | Repairs: bathroom cabinet | |
| Repairs: toilet roll holder | $10.00 | Repairs: toilet roll holder | |
| Rubbish removal | $450.00 | Rubbish removal | |
| Lawns and Garden work | $800.00 | Lawns and Garden work | |
| Net award | $2,189.75 | ||
| Total payable by Tenant to Landlord | $2,189.75 |
Claims and awards for application 5452269 — net $2,189.75 NZD. Verify on MoJ.
Rent arrears
- Amount
- $876.00
- Awarded to
- Landlord
- Reason
- Rent arrears
Repairs: holes in walls
- Amount
- $201.75
- Awarded to
- Landlord
- Reason
- Repairs: holes in walls
Repairs: bathroom cabinet
- Amount
- $100.00
- Awarded to
- Landlord
- Reason
- Repairs: bathroom cabinet
Repairs: toilet roll holder
- Amount
- $10.00
- Awarded to
- Landlord
- Reason
- Repairs: toilet roll holder
Rubbish removal
- Amount
- $450.00
- Awarded to
- Landlord
- Reason
- Rubbish removal
Lawns and Garden work
- Amount
- $800.00
- Awarded to
- Landlord
- Reason
- Lawns and Garden work
Net award
Landlord $2,189.75
Total payable by Tenant to Landlord
Landlord $2,189.75
Claim types — money lines allowed on this order
Order
- Neta Rawinia Myree Hadfield must pay Kāinga Ora–Homes And Communities $2,189.75 immediately, calculated as shown in the table below.
- The Bond Centre is to pay the bond of $248.00 (5338260-002) to Kāinga Ora– Homes And Communities immediately. DescriptionLandlord Rent arrears$876.00 Repairs: holes in walls$201.75 Repairs: bathroom cabinet$100.00 Repairs: toilet roll holder$10.00 Rubbish removal$450.00 Lawns and Garden work$800.00 Total award$2,437.75 Bond$248.00 Total payable by Tenant to Landlord$2,189.75
Reasons
- The landlord attended the video hearing.
- 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 28 January 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy.
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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
- The landlord provided photographic evidence that the tenant left behind a number of discarded items inside and outside. The amount claimed was not consistent with the photographic evidence and a fair sum has been awarded for the number of items visible in the photographs.
- The photographic evidence was that the section was very overgrown. It looked like the grass had not been cut in many weeks, if not months. After discussion and consideration, the Tribunal accepts that the amount claimed is reasonable.
- The amounts ordered are 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.
- 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. See Guo v Korck [2019] NZHC 1541.
- The following damage was caused during the tenancy: a. The carpet was damaged beyond repair by staining. b. There were holes in the walls of the hallway, bedroom 2, bedroom 4, the bathroom and the garage. c. The bathroom wall cabinet and a toilet roll holder were missing.
- The landlord had no evidence that the carpet was less than ten years’ old. Its value had therefore depreciated to nil and so no the landlord’s claim must fail.
- The remaining damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.
- I have considered 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. I have reduced the amounts claimed for the bathroom cabinet and toilet roll holder to reflect an estimated depreciation value for these items.
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), 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 5452269?
The tribunal order states: Neta Rawinia Myree Hadfield must pay Kāinga Ora–Homes And Communities
How much money was awarded in case 5452269?
Lawns and Garden Work: $800.00 awarded to landlord; Rent Arrears: $876.00 awarded to landlord; Bathroom Cabinet: $100.00 awarded to landlord; Holes In Walls: $201.75 awarded to landlord; Toilet Roll Holder: $10.00 awarded to landlord; Rubbish Removal: $450.00 awarded to landlord
What type of tenancy dispute was case 5452269?
The primary dispute was Rent arrears. Related themes: Property damage.
Where can I read the official tribunal order for case 5452269?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13677839-Tenancy_Tribunal_Order.pdf.