Tenantcheck Insights · Case study
Tenancy Tribunal case 5350941 — Rent arrears at Unit/Flat Unit 411, 70 Sale Street, Auckland Central,
Decided 20 January 2026 · Published 20 January 2026 · Application 5350941
- Rent arrears
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
A Aiolupotea
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $3,481.18
- Bond payment as ordered
- −$2,400.00
- Total balance for Tenant to pay Landlord
- $1,081.18
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears | $3,342.86 | Rent arrears | |
| Cleaning | $110.32 | Cleaning | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $1,081.18 | ||
| Total payable by Tenant to Landlord | $1,081.18 |
Claims and awards for application 5350941 — net $1,081.18 NZD. Verify on MoJ.
Rent arrears
- Amount
- $3,342.86
- Awarded to
- Landlord
- Reason
- Rent arrears
Cleaning
- Amount
- $110.32
- Awarded to
- Landlord
- Reason
- Cleaning
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $1,081.18
Total payable by Tenant to Landlord
Landlord $1,081.18
Claim types — money lines allowed on this order
Order
- Damaris Peixinho must pay Impression Real Estate Limited As Agents For Makajak Ltd. $1,081.18 immediately, being rent arrears to 3 October 2025.
- The Bond Centre shall pay the Landlord $2400.00 immediately.
- The application by the Tenant is dismissed.
Reasons
- The Landlord attended the by video . The Tenant attended 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.
- The Tenant has applied for refund of the bond and reimbursement of the filing fee.
- The tenancy was fixed from 5 March 2025 to 5 March 2026.
- The Tenant requested to break the lease early due to having to fly overseas to tend to her ill father. The Landlord agreed to end the tenancy.
How much is owed in rent?
- The tenancy was fixed to end on 5 March 2026, however the Tenant ended this early on 27 August 2025 and new Tenants moved in on 4 October 2025. Because of the Tenants circumstances, the Landlord waived the break lease fee. The Landlord attempted to retrieve the loss in rent through insurance but were declined. The Landlord was now claiming for rent up to the period that the new Tenants moved in. A rent summary was provided to prove the amount owing.
- The Tenant submitted for compassionate reasons, she should not have to pay the rent arrears given when she had to relocate, she lost her job and her father passed away.
- Section 40(1)(a) of the Residential Tenancies Act 1986 requires tenants to pay rent as and when it is due under the tenancy agreement.
- In a fixed term tenancy, rent is due until the end of the fixed term and there are limited exceptions to this.
- In considering the evidence, I find the Tenant owes the Landlord the rent arrears claimed. The RTA does not provide for the Tribunal to take into account the hardship experienced by the Tenant when determining rent arrears. For these reasons, the Tenant owes the amount of rent due up until the new tenancy commenced.
- The amounts ordered are proven.
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. The Tenant organised professional cleaners and provided an invoice for the cleaning and vacate photographs.
- The Landlord claimed it was not thoroughly cleaned. An exit report was provided along with an invoice for the cleaning. There were a number of dirty areas identified in the exit report which required further cleaning.
- I accept there was still cleaning required such as the kitchen splash back, makeup stains in the bathroom cabinet, shower class, vacuuming under the bed and cleaning the dirty oven tray. The Landlord only claimed some of the cleaning invoice he was charged, in recognition of the Tenants professional cleaning they had organised.
- The amounts ordered are proved.
- As Impression Real Estate Limited As Agents For Makajak Ltd. has wholly succeeded with the claim, the Tenant must reimburse the filing fee. As the Tenant has not been successful in their claim name suppression is not granted to the Tenant.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1)
Key findings
- Dispute theme: rent arrears
- Dispute theme: cleaning
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5350941?
The tribunal order states: Damaris Peixinho must pay Impression Real Estate Limited As Agents For
How much money was awarded in case 5350941?
Cleaning: $110.32 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,342.86 awarded to landlord
What type of tenancy dispute was case 5350941?
The primary dispute was Rent arrears. Related themes: Cleanliness.
Where can I read the official tribunal order for case 5350941?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12999846-Tribunal_Order.pdf.