What was the outcome of Tenancy Tribunal case 5233911?

The tribunal order states: Otoota Fahina Kafalava must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5233911?

Property Damage: $43.34 awarded to landlord; Rent Arrears: $2,100.42 awarded to landlord; Rubbish Removal: $3,300.00 awarded to landlord

What type of tenancy dispute was case 5233911?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5233911?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12197170-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5233911?

The tribunal order states: Otoota Fahina Kafalava must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5233911?

Property Damage: $43.34 awarded to landlord; Rent Arrears: $2,100.42 awarded to landlord; Rubbish Removal: $3,300.00 awarded to landlord

What type of tenancy dispute was case 5233911?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5233911?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12197170-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 90 Chislehurst Street, Henderson, Auckland Tenancy Tribunal Case 5233911 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Unit/Flat 1, 90 Chislehurst Street, Henderson, Auckland Tenancy Tribunal Case 5233911 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5233911 — net $5,083.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (as at 31 July 2025	$2,100.42	Rent arrears (as at 31 July 2025
Rubbish removal	$3,300.00	Rubbish removal
Repairs (patch wall	$43.34	Repairs (patch wall
Net award	$5,083.76
Total payable by Tenant to Landlord	$5,083.76

Claims and awards for application 5233911 — net $5,083.76 NZD. Verify on MoJ.

Rent arrears (as at 31 July 2025

Amount: $2,100.42
Awarded to: Landlord
Reason: Rent arrears (as at 31 July 2025

Rubbish removal

Amount: $3,300.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs (patch wall

Amount: $43.34
Awarded to: Landlord
Reason: Repairs (patch wall

Net award

Landlord $5,083.76

Total payable by Tenant to Landlord

Landlord $5,083.76

Claim types — money lines allowed on this order

Property damage Rent arrears Rubbish Removal

Order

Otoota Fahina Kafalava must pay Kāinga Ora–Homes And Communities $5,083.76 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (as at 31 July 2025)$2,100.42 Rubbish removal$3,300.00 Repairs (patch wall)$43.34 Total award$5,443.76 Bond$360.00 Total payable by Tenant to Landlord$5,083.76
The tenant must pay the debt in order 1 at the rate of $10.00 per week.
The first payment must be made on Wednesday, 6 August 2025 and payments must continue every Wednesday until the debt is paid in full.
If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
The Bond Centre is to pay the bond of $360.00 to Kāinga Ora–Homes And Communities immediately.

Reasons

Both parties attended the hearing by telephone.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 4 March 2025.
The landlord provided rent records which prove the amount of $2,220.42 owing at 9 April 2025. The landlord had then merged its rent and other charges accounts to produce an overall statement and has applied further payments from the tenant to the combined amount (even though the other charges had not yet been proved).
Having regard to both the rent summary as at 9 April, the current statement and payments made by the tenant, I find that outstanding rent as at today is $2,100.42.

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 tenant did not remove all rubbish. The landlord provided photographs and claimed for removal of 30 m3 of rubbish at a cost of $4,923.60 but did not provide a copy of the invoice from its contractor. Having regard to the photographs and awards for similar amounts of rubbish, I award $3,300 for rubbish removal which is approximately 2/3 rd of the amount claimed.

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.
A hole in one wall was caused during the tenancy. The 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 ordered payment a rate of $10 per week, consistent with payments the tenant had been making, and as discussed at the hearing.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5233911 — net $5,083.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (as at 31 July 2025	$2,100.42	Rent arrears (as at 31 July 2025
Rubbish removal	$3,300.00	Rubbish removal
Repairs (patch wall	$43.34	Repairs (patch wall
Net award	$5,083.76
Total payable by Tenant to Landlord	$5,083.76

Claims and awards for application 5233911 — net $5,083.76 NZD. Verify on MoJ.

Rent arrears (as at 31 July 2025

Amount: $2,100.42
Awarded to: Landlord
Reason: Rent arrears (as at 31 July 2025

Rubbish removal

Amount: $3,300.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs (patch wall

Amount: $43.34
Awarded to: Landlord
Reason: Repairs (patch wall

Net award

Landlord $5,083.76

Total payable by Tenant to Landlord

Landlord $5,083.76

Claim types — money lines allowed on this order

Property damage Rent arrears Rubbish Removal

Order

Otoota Fahina Kafalava must pay Kāinga Ora–Homes And Communities $5,083.76 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (as at 31 July 2025)$2,100.42 Rubbish removal$3,300.00 Repairs (patch wall)$43.34 Total award$5,443.76 Bond$360.00 Total payable by Tenant to Landlord$5,083.76
The tenant must pay the debt in order 1 at the rate of $10.00 per week.
The first payment must be made on Wednesday, 6 August 2025 and payments must continue every Wednesday until the debt is paid in full.
If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
The Bond Centre is to pay the bond of $360.00 to Kāinga Ora–Homes And Communities immediately.

Reasons

Both parties attended the hearing by telephone.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 4 March 2025.
The landlord provided rent records which prove the amount of $2,220.42 owing at 9 April 2025. The landlord had then merged its rent and other charges accounts to produce an overall statement and has applied further payments from the tenant to the combined amount (even though the other charges had not yet been proved).
Having regard to both the rent summary as at 9 April, the current statement and payments made by the tenant, I find that outstanding rent as at today is $2,100.42.

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 tenant did not remove all rubbish. The landlord provided photographs and claimed for removal of 30 m3 of rubbish at a cost of $4,923.60 but did not provide a copy of the invoice from its contractor. Having regard to the photographs and awards for similar amounts of rubbish, I award $3,300 for rubbish removal which is approximately 2/3 rd of the amount claimed.

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.
A hole in one wall was caused during the tenancy. The 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 ordered payment a rate of $10 per week, consistent with payments the tenant had been making, and as discussed at the hearing.

Tenancy Tribunal case 5233911 — Rent arrears at Unit/Flat 1, 90 Chislehurst Street, Henderson, Auckland

At a glance

Tenancy Tribunal case 5233911 — Rent arrears at Unit/Flat 1, 90 Chislehurst Street, Henderson, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions