Tenantcheck Insights · Case study
Tenancy Tribunal case 5342984 — Rent arrears at 49 Albionvale Road, Glen Eden, Auckland 0602
Published 13 January 2026 · Application 5342984
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
C Lamdin
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $2,426.72
- Total balance for Tenant to pay Landlord
- $2,426.72
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 23 July 2025 | $1,462.86 | Rent arrears to 23 July 2025 | |
| Water rates | $165.74 | Water rates | |
| Letting fee | $18.12 | Letting fee | |
| Lawns | $92.00 | Lawns | |
| Rubbish removal | $200.00 | Rubbish removal | |
| Repairs: paint | $460.00 | Repairs: paint | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $2,426.72 | ||
| Total payable by Tenant to Landlord | $2,426.72 |
Claims and awards for application 5342984 — net $2,426.72 NZD. Verify on MoJ.
Rent arrears to 23 July 2025
- Amount
- $1,462.86
- Awarded to
- Landlord
- Reason
- Rent arrears to 23 July 2025
Water rates
- Amount
- $165.74
- Awarded to
- Landlord
- Reason
- Water rates
Letting fee
- Amount
- $18.12
- Awarded to
- Landlord
- Reason
- Letting fee
Lawns
- Amount
- $92.00
- Awarded to
- Landlord
- Reason
- Lawns
Rubbish removal
- Amount
- $200.00
- Awarded to
- Landlord
- Reason
- Rubbish removal
Repairs: paint
- Amount
- $460.00
- Awarded to
- Landlord
- Reason
- Repairs: paint
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $2,426.72
Total payable by Tenant to Landlord
Landlord $2,426.72
Claim types — money lines allowed on this order
Order
- Sinatala Savili Kenrick must pay Topline Rentals Limited As The Agent For Mohammed Faqruddin Zafar & Nigar Ansari $2,426.72 immediately, calculated as shown in table below.
Reasons
- Both parties attended the hearing. The landlord was represented by Mr Modi.
- The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
- Today's hearing was a rehearing of an application that was originally heard on 2 December 2025.
How much is owed for rent and water rates?
- The parties signed a fixed term tenancy agreement to start on the 20 August 2024 and end on 25 August 2025. The tenant explained that in February 2025 her circumstances changed and she no longer wished to see the fixed-term tenancy through to its end. The tenant located a replacement tenant, and in June 2025 began communicating with the landlord about the new tenant taking over the lease.
- A tenant may assign a lease to another approved tenant, see section 43B of the Residential Tenancies Act, 1986 (the “RTA”). The relevant subsections are as follows: (4)If a tenant makes a written request for the landlord’s consent to an assignment and the request identifies, and includes contact details for, the proposed assignee, the landlord must respond in writing to the request within a reasonable period of time. (5)A landlord who, without reasonable excuse, fails to comply with subsection (4) commits an unlawful act. (6)The landlord must not— (a)withhold consent unreasonably; or (b)attach any unreasonable conditions to the consent.
- The proposed assignment of the lease was somewhat complicated by the fact that on 16 June 2025 the owner of the property advised the property management company that they were being replaced as the property manager, effective the very next day, 17 June 2025. Somewhere between 1 July 2025 and 8 July 2025 the owner of the property then requested the property management company to continue managing the property through until sometime in August. This meant that there was some disruption to the provision of services to the tenant at this time.
- This does not affect the requirement on the tenant to provide the details of the replacement tenant in writing to the landlord, if they wish the landlord to be bound to respond to this proposed tenant as a replacement.
- The tenant did not at any time provide this information to the property manager. The tenant says said she was waiting for the property manager to contact her and ask for details of the replacement tenant, and the property manager never did this.
- Because there was no assignment of the lease, I determine the tenant remained in occupation of the premises, and her tenancy agreement remained current until the landlord released her from the tenancy on 23 July 2025. This means she is liable for rent through until this time. I note this is one month earlier than the end of the fixed term.
- The landlord produced a rent summary in support of the claim.
- The claim for rent arrears and the amount ordered is proved.
- The landlord is seeking $165.74 for unpaid water rates invoices. The tenant does not dispute this amount.
- This claim and the amount ordered is proved.
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.
- At the end of the tenancy the lawn and garden was overgrown. The landlord is climbing $92.00 for lawn and garden work. The tenant does not dispute this amount.
- The landlord is also seeking $300.00 for disposing of two chairs and part of the bed frame. The tenant does not dispute the claim. However I consider the quotation to be unreasonably high for disposing of a small amount of rubbish, and I have reduced it accordingly.
- These claims and the amounts ordered approved.
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.
- 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.
- At the end of the tenancy there were pencil marks or pen marks on the walls in the stairwell, the bedrooms, the garage and the living room, and there was damage to a bedroom door. The landlord produced photographs and a quotation for $920.00 for repainting these areas in support of the claim.
- The tenant does not dispute the pencil marks were drawn by her young child.
- The property manager says they began managing the property in early 2023 and at that time the paint work was in a reasonable condition. The house is an early 2000’s construction.
- Paint work in a house has a limited life span. From the photographs I have seen, I consider it likely the walls haven't been painted recently.
- I must take into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations. But the landlord should not be better or worse off as a result of the repairs. In calculating how much to award the landlord I must take into account the age and condition of the walls at the time of the start of the tenancy, and their likely life span.
- I consider it probable that the walls were in need of painting in the near future. Nonetheless the landlord has suffered a loss and should be compensated for this. I have made a partial award based on these considerations.
- The amount ordered is proved.
- The landlord is claiming $217.50 for a Trademe advertisement listing. Because the fixed-term tenancy only had one further month to run, the landlord would have been required to advertise the property again in one month’s time in any case. I have therefore reduced the award to one twelfth of the claim.
- Because Topline Rentals Limited As The Agent For Mohammed Faqruddin Zafar & Nigar Ansari has substantially succeeded with the claim I have reimbursed the filing fee.
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), s43B
Key findings
- Dispute theme: rent arrears
- Dispute theme: property damage
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5342984?
The tribunal order states: Sinatala Savili Kenrick must pay Topline Rentals Limited As The Agent For
How much money was awarded in case 5342984?
Filing Fee: $28.00 awarded to landlord; Lawns: $92.00 awarded to landlord; Letting Fee: $18.12 awarded to landlord; Rent Arrears: $1,462.86 awarded to landlord; Paint: $460.00 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord; Water Rates: $165.74 awarded to landlord
What type of tenancy dispute was case 5342984?
The primary dispute was Rent arrears. Related themes: Property damage.
Where can I read the official tribunal order for case 5342984?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12963143-Tribunal_Order.pdf.