Tenantcheck Insights · Case study
Tenancy Tribunal case 5355901 — Rent arrears at Unit/Flat Flat 28, 123 Church Street, Otahuhu, Auckland
Decided 30 January 2026 · Published 30 January 2026 · Application 5355901
- Rent arrears
- Cleanliness
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
L Ryken
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $4,236.14
- Bond payment as ordered
- −$82.00
- Total balance for Tenant to pay Landlord
- $4,154.14
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 1 September 2025 | $1,917.15 | Rent arrears to 1 September 2025 | |
| Cleaning | $783.92 | Cleaning | |
| Rubbish removal | $507.67 | Rubbish removal | |
| Repairs: Holes in walls | $473.72 | Repairs: Holes in walls | |
| Replace furnishings: Outdoor shed | $553.68 | Replace furnishings: Outdoor shed | |
| Net award | $4,154.14 | ||
| Total payable by Tenant to Landlord | $4,154.14 |
Claims and awards for application 5355901 — net $4,154.14 NZD. Verify on MoJ.
Rent arrears to 1 September 2025
- Amount
- $1,917.15
- Awarded to
- Landlord
- Reason
- Rent arrears to 1 September 2025
Cleaning
- Amount
- $783.92
- Awarded to
- Landlord
- Reason
- Cleaning
Rubbish removal
- Amount
- $507.67
- Awarded to
- Landlord
- Reason
- Rubbish removal
Repairs: Holes in walls
- Amount
- $473.72
- Awarded to
- Landlord
- Reason
- Repairs: Holes in walls
Replace furnishings: Outdoor shed
- Amount
- $553.68
- Awarded to
- Landlord
- Reason
- Replace furnishings: Outdoor shed
Net award
Landlord $4,154.14
Total payable by Tenant to Landlord
Landlord $4,154.14
Claim types — money lines allowed on this order
Order
- Lauma Lou-Louise Esekielu must pay Kāinga Ora–Homes And Communities $4,154.14 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $82.00 (5800460-001) to Kāinga Ora– Homes And Communities immediately.
Reasons
- The landlord attended the hearing on 30 January 2026. The tenant did not.
- The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
- As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.
How must does the tenant owe in rent arrears?
- The tenancy ended on 1 September 2025. The landlord submitted a rent summary, which records rent arrears as being $1,917.15 up to 1 September 2025.
- I accept the landlord’s rent summary as accurate and grant their claim for rent arrears for $1,917.15.
Did the tenant comply with their obligations at the end of the tenancy?
- At the end of the tenancy, the tenant must remove all personal belongings and rubbish and leave the premises reasonably clean and tidy. 1
- The photographs taken at the end of the tenancy prove the tenant did not do this. There are personal belongings and rubbish inside the premises, including cardboard boxes. The premises have clearly not been cleaned. There is dust and rubbish on the floors, which do not appear to have been vacuumed. The floors do not appear to have been mopped. The kitchen and bathroom are dirty.
- The landlord’s claim for compensation is granted for $783.92 for cleaning and $507.67 for rubbish removal. The landlord submitted a work order for this amount. Is the tenant responsible for damage that occurred at the premises during the tenancy?
- 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. 2 1 Residential Tenancies Act 1986, section 40(1)(e)(ii) & (iii). 2 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B.
- The tenancy began on 23 August 2011. No entry inspection photographs were taken however, an entry inspection report was completed. No damage is noted to the walls or outdoor shed. Some of the walls are noted as having been newly painted.
- The photographs taken at the end of the tenancy show a number of holes in the walls in the living room, hallway/entry and bedroom 2. The shed is also missing a door.
- On the balance of probabilities, I find the internal walls and shed were damaged during the tenancy. The damage exceeds fair wear and tear, and the tenant has not disproved liability.
- The landlord’s claim for compensation to repair the holes in the walls is granted for $473.72. The landlord submitted a work order for this amount.
- The landlord’s claim for compensation to replace the shed is granted for $553.68. The landlord submitted a work order for $1,107.36 to purchase a new shed however, the shed at the premises was 10 years old at the end of the tenancy. There needs to be an adjustment to the amount of compensation reflect betterment and depreciation. The landlord must be returned to the same position they would have been in had the tenant not breached their obligations. They must not be any better or worse off. Considering the age of the shed, I find a reduction of 50% is appropriate.
- The landlord’s claim for compensation in relation to the shed is granted for $553.68.
- The landlord did not seek the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s10, s40(1), s40(2)
Key findings
- Dispute theme: rent arrears
- Dispute theme: cleaning
- Dispute theme: property damage
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5355901?
The tribunal order states: Lauma Lou-Louise Esekielu must pay Kāinga Ora–Homes And Communities
How much money was awarded in case 5355901?
Cleaning: $783.92 awarded to landlord; Rent Arrears: $1,917.15 awarded to landlord; Holes In Walls: $473.72 awarded to landlord; Replace Furnishings: Outdoor Shed: $553.68 awarded to landlord; Rubbish Removal: $507.67 awarded to landlord
What type of tenancy dispute was case 5355901?
The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.
Where can I read the official tribunal order for case 5355901?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13051919-Tenancy_Tribunal_Order.pdf.