Tenantcheck Insights · Case study
Tenancy Tribunal case 5343372 — Rent arrears at 5 Collett Road, Otara, Auckland 2023
Decided 9 January 2026 · Published 9 January 2026 · Application 5343372
Landlord favoured
- Rent arrears
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
J Northwood
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $3,354.22
- Total balance for Tenant to pay Landlord
- $3,354.22
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears | $720.00 | Rent arrears | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Water rates | $1,310.21 | Water rates | |
| Lawns and Garden work | $130.00 | Lawns and Garden work | |
| Rubbish removal: and tip fees | $340.00 | Rubbish removal: and tip fees | |
| Cleaning | $350.00 | Cleaning | |
| Lock/key replacement | $296.01 | Lock/key replacement | |
| Repairs: Garage door/window | $180.00 | Repairs: Garage door/window | |
| Net award | $3,354.22 | ||
| Total payable by Tenant to Landlord | $3,354.22 |
Claims and awards for application 5343372 — net $3,354.22 NZD. Verify on MoJ.
Rent arrears
- Amount
- $720.00
- Awarded to
- Landlord
- Reason
- Rent arrears
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Water rates
- Amount
- $1,310.21
- Awarded to
- Landlord
- Reason
- Water rates
Lawns and Garden work
- Amount
- $130.00
- Awarded to
- Landlord
- Reason
- Lawns and Garden work
Rubbish removal: and tip fees
- Amount
- $340.00
- Awarded to
- Landlord
- Reason
- Rubbish removal: and tip fees
Cleaning
- Amount
- $350.00
- Awarded to
- Landlord
- Reason
- Cleaning
Lock/key replacement
- Amount
- $296.01
- Awarded to
- Landlord
- Reason
- Lock/key replacement
Repairs: Garage door/window
- Amount
- $180.00
- Awarded to
- Landlord
- Reason
- Repairs: Garage door/window
Net award
Landlord $3,354.22
Total payable by Tenant to Landlord
Landlord $3,354.22
Claim types — money lines allowed on this order
Order
- Eseneiaso Tapusoa must pay Rental Hq Limited As The Agent For Nerium Limited $3,354.22 immediately, being rent arrears to 13 July 2025, water bills, reimbursement of filing fee and compensation, as calculated and set out below: DescriptionLandlord Rent arrears$720.00 Filing fee reimbursement$28.00 Water rates$1,310.21 Lawns and Garden work$130.00 Rubbish removal: and tip fees$340.00 Cleaning$350.00 Lock/key replacement$296.01 Repairs: Garage door/window$180.00 Total award$3,354.22 Total payable by Tenant to Landlord$3,354.22
Reasons
- The landlord attended the hearing, the tenant did not attend. I rang two different mobile numbers provided as contacts for the tenant. All calls to these mobile numbers went unanswered. I left a message on one phone, but the tenant could not be contacted for the hearing.
- The tenant was served with the notice of hearing and has not communicated with the Tribunal seeking an adjournment. I am proceeding with the hearing in the absence of the tenant.
- The landlord has applied for rent arrears, water bills, compensation, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent and water rates?
- The tenancy ended on 13 July 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The rent arrears to 13 July 2025 were $720.00 and the water bills were $1310.21.
- I am satisfied that the landlord has proven their claim for the rent arrears and water bills.
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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. 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 tenant did not return the keys.
- The landlord provided the Tribunal with the exit inspection report, photos, and the invoices. The photos show the property was not reasonably clean and tidy at the end of the tenancy. There was rubbish left inside and outside the property, the lawns and gardens were overgrown.
- The invoices from Wilson Property Services Ltd dated 12 August 2025 set out the cost of remedying the tenant failure to comply with their obligations at the end of the tenancy. The cost of mowing the lawns and tidying up the property were $130.00; rubbish removal was $200.00 and $140.00 in tip fees and cleaning was $350.00.
- The tenant was provided with 4 keys at the start of the tenancy but only left one key at the end of the tenancy. The landlord had to have the keys recut and locks changed as the tenant came back to the property after the end of the tenancy. The landlord provided an invoice for $296.01 dated 27 July 2025 for the locksmith costs.
- I am satisfied that the landlord has proven their claims
- 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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
- 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: -Garage front door was smashed in, and the window broken.
- The landlord provided an invoice for $180.00 from Wilson Property Services LTD dated 12 August 2025 for the repair to the garage door and window. The landlord also provided the exit inspection report and photos that show the damage to the garage door and window.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.
- Because Rental Hq Limited As The Agent For Nerium Limited has wholly succeeded with the claim I must reimburse 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, s40(1), s40(2), s49B, s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: rent arrears
- Dispute theme: cleaning
- Dispute theme: property damage
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5343372?
The tribunal order states: Eseneiaso Tapusoa must pay Rental Hq Limited As The Agent For Nerium
How much money was awarded in case 5343372?
Cleaning: $350.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $130.00 awarded to landlord; Property Damage: $296.01 awarded to landlord; Rent Arrears: $720.00 awarded to landlord; Garage Door/Window: $180.00 awarded to landlord; Rubbish Removal: $340.00 awarded to landlord; Water Rates: $1,310.21 awarded to landlord
What type of tenancy dispute was case 5343372?
The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.
Where can I read the official tribunal order for case 5343372?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12947669-Tenancy_Tribunal_Order.pdf.