Tenantcheck Insights · Case study
Tenancy Tribunal case 5333474 — Rent arrears at 44 Shoreham Street, Avondale, Auckland 0600
Decided 14 May 2026 · Published 14 May 2026 · Application 5333474
Landlord favoured
- 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
K Henry
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $4,207.49
- Bond payment as ordered
- −$2,700.00
- Total balance for Tenant to pay Landlord
- $1,507.49
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears up to and including 24.09.2025 | $3,495.00 | Rent arrears up to and including 24.09.2025 | |
| Water rates | $119.49 | Water rates | |
| Rubbish removal | $465.00 | Rubbish removal | |
| Nominal damages | $100.00 | Nominal damages | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $1,507.49 | ||
| Total payable by Tenant to Landlord | $1,507.49 |
Claims and awards for application 5333474 — net $1,507.49 NZD. Verify on MoJ.
Rent arrears up to and including 24.09.2025
- Amount
- $3,495.00
- Awarded to
- Landlord
- Reason
- Rent arrears up to and including 24.09.2025
Water rates
- Amount
- $119.49
- Awarded to
- Landlord
- Reason
- Water rates
Rubbish removal
- Amount
- $465.00
- Awarded to
- Landlord
- Reason
- Rubbish removal
Nominal damages
- Amount
- $100.00
- Awarded to
- Landlord
- Reason
- Nominal damages
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $1,507.49
Total payable by Tenant to Landlord
Landlord $1,507.49
Claim types — money lines allowed on this order
Order
- Aukuso Soli and Toeafua Tonisitino must pay Tapanbhai P Patel $1,507.49 immediately, calculated as shown in the table below:
- The Bond Centre is to pay the bond of $2,700.00 (BN-00120586) to Tapanbhai P Patel immediately.
Reasons
- This is a reserved decision. The hearing took place on 22 April 2026. The landlord attended the hearing. The tenant did not attend the hearing. The tenant has not communicated with the Tribunal as to why the tenant would not attend the hearing and the hearing proceeded in the tenant’s absence.
- The landlord is seeking rent arrears, unpaid water rates, compensation for cleaning costs and removal of property from the premises; compensation for damage to jib board, refund of the bond and reimbursement of the filing fee.
Is there an enforceable tenancy agreement?
- Section 13 of the Residential Tenancy Act 1986 (RTA) provides that a tenancy agreement must be in writing and signed by the landlord and the tenant. Section 13(2) of the RTA provides that a landlord must provide a copy of the tenancy agreement to the tenant.
- The landlord has provided a copy of the tenancy agreement. It has not been signed by the tenant. However, the landlord has provided an email to the tenant of 26 June 2025 showing that the agreement was sent to the tenant before the tenancy started.
- I am satisfied that the agreement has been sent to the tenant and that by moving into the premises the tenant has accepted the terms of the tenancy agreement.
How much is owed for rent and water rates?
- The tenancy was a fixed term tenancy starting on 03 July 2025 and ending on 25 April 2026. The tenant vacated the premises on 03 September 2025. In doing so the tenant breached the terms of the lease.
- The landlord has advised that a new tenancy started on 07 October 2025.
- The landlord has provided a rent summary in the form of a rent ledger showing that the tenant owes $3,495.00 in rent up to and including 24 September 2025.
- This claim is proved.
- The landlord has provided water invoices for July and August 2025. The tenant is only responsible for the consumption charges. I award $119.49 for unpaid water rates.
Did the tenant comply with their obligations at the end of the tenancy?
- Section 40(1)(e)(ii)-(v) of the RTA provides that 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. Section 40(1)(ca) of the RTA provides the tenant is required to replace worn out smoke alarm batteries during the tenancy. The tenant must also replace standard light bulbs.
- The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord has provided photographs showing that an extensive amount of rubbish was left at the premises. The landlord has also provided an invoice for $315.00 for to hire a bin and collect the rubbish. The landlord said he and a friend spent approximately 3 hours each moving the rubbish. The landlord said he paid his friend for this work.
- Given the amount of rubbish that needed to be disposed of, I am satisfied fired that the time spent removing the rubbish was reasonable.
- I award $465.00 being $150 for labour being $25 per hour x 6 hours and the rubbish collection fee of $315.00.
- The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
- Sections 40(2)(a), 41 and 49B of the RTA provides that 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.
- Section 49B(3)(a) of the RTA provides that 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).
- Section 49B(3)(b) of the RTA provides that 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). Section 49B(3A)(a) of the RTA provides that where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.
- Section 49B(1) of the RTA provides that 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.
- 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 landlord says that the tenant damaged the jib board. I am satisfied that this damage was caused during the tenancy. The tenant did not attend the hearing and has not disproved that the damage was done intentionally or carelessly.
- The landlord was asked to provide an invoice for this work. The invoice provided is a handwritten note saying the writer “I prepare Jib board at your property” for $220.00. It does not specify the time spent or hourly rate.
- Given this, I am not satisfied that the amount charged is reasonable. I award nominal damages of $100.00 for this work. Filing fee:
- The landlord has substantially succeeded with the claim. For this reason, I have ordered reimbursement of the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s13, s13(2), 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 5333474?
The tribunal order states: Aukuso Soli and Toeafua Tonisitino must pay Tapanbhai P Patel $1,507.49
How much money was awarded in case 5333474?
Filing Fee: $28.00 awarded to landlord; Property Damage: $100.00 awarded to landlord; Rent Arrears: $3,495.00 awarded to landlord; Rubbish Removal: $465.00 awarded to landlord; Water Rates: $119.49 awarded to landlord
What type of tenancy dispute was case 5333474?
The primary dispute was Rent arrears. Related themes: Property damage.
Where can I read the official tribunal order for case 5333474?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13579656-Tribunal_Order.pdf.