Tenantcheck Insights · Case study
Tenancy Tribunal case 5359101 — Rent arrears at 44A De Havilland Drive, Goodwood Heights, Auckland 2105
Decided 20 February 2026 · Published 20 February 2026 · Application 5359101
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
V Pasupati
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $5,374.78
- Total balance for Tenant to pay Landlord
- $5,374.78
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 27.6.25 | $2,760.00 | Rent arrears to 27.6.25 | |
| Water rates | $258.43 | Water rates | |
| Rubbish removal | $1,798.00 | Rubbish removal | |
| Lock/key replacement | $227.70 | Lock/key replacement | |
| Repair of glass | $302.65 | Repair of glass | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $5,374.78 | ||
| Total payable by Tenant to Landlord | $5,374.78 |
Claims and awards for application 5359101 — net $5,374.78 NZD. Verify on MoJ.
Rent arrears to 27.6.25
- Amount
- $2,760.00
- Awarded to
- Landlord
- Reason
- Rent arrears to 27.6.25
Water rates
- Amount
- $258.43
- Awarded to
- Landlord
- Reason
- Water rates
Rubbish removal
- Amount
- $1,798.00
- Awarded to
- Landlord
- Reason
- Rubbish removal
Lock/key replacement
- Amount
- $227.70
- Awarded to
- Landlord
- Reason
- Lock/key replacement
Repair of glass
- Amount
- $302.65
- Awarded to
- Landlord
- Reason
- Repair of glass
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $5,374.78
Total payable by Tenant to Landlord
Landlord $5,374.78
Claim types — money lines allowed on this order
Order
- Tierra Ngeru must pay Heights Property Management Limited as agent for Naume & Solomon Nyamazana $5,374.78 immediately, calculated as shown in the table below.
Reasons
- Only the landlord, represented by Mr Venezia, attended the hearing, which was conducted by videoconference. The tenant did not join the video meeting at the scheduled time, either by video or telephone. The start of the hearing was delayed, but the tenant still did not attend. As the tenant has been notified, the hearing proceeded.
- The landlord has applied for rent arrears, water charges, compensation and reimbursement of the filing fee following the end of the tenancy. The bond has been paid to the landlord following an earlier Tribunal hearing.
How much is owed for rent and water?
- The tenancy ended on 27 June 2025, following an order of the Tribunal. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The landlord confirms that no further payments have been received since the last Tribunal hearing.
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) of the Residential Tenancies Act 1986 (the RTA).
- The landlord claims rubbish removal costs, having earlier obtained a disposal of goods order from the Tribunal (on 28 July 2025), and a valuation showing that the goods had no saleable value. The landlord has produced photographic evidence showing the condition of the premises, establishing that the tenant did not remove all rubbish. There is also an invoice for the rubbish removal costs. The landlord states a full household of goods, totalling 9 cubic metres, was removed from the premises. This included large appliances, a big corner sofa, mattresses, beds and other furniture, clothing, and various items left in the shed.
- The tenant did not return the keys, so locksmith’s charges were incurred. The invoice was provided.
- The amounts ordered are proved. General principles regarding responsibility for damage
- The landlord seeks compensation for tenant damage. To be successful, 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 of the RTA.
- 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) of the 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) of the RTA.
- The landlord advises that the insurance excess is $500.00.
- 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) of the 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.
- When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, the landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered.
Is the tenant responsible for the damage to the premises?
- The landlord seeks compensation for damage to the ranch slider glass.
- The photograph provided in evidence shows that the bottom pane of the glass was completely removed and boarded up. An invoice for repairs ($302.65) has been provided.
- The landlord’s evidence establishes that the glass damage was caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amount ordered is proved. Filing fee and name suppression
- The tenant is to pay the landlord’s filing fee, since the landlord has been successful with the application.
- The landlord does not seek name suppression.
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), s49B(1), s49B(3), s49B(3A)
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 5359101?
The tribunal order states: Tierra Ngeru must pay Heights Property Management Limited as agent for
How much money was awarded in case 5359101?
Filing Fee: $28.00 awarded to landlord; Property Damage: $227.70 awarded to landlord; Property Damage: $302.65 awarded to landlord; Rent Arrears: $2,760.00 awarded to landlord; Rubbish Removal: $1,798.00 awarded to landlord; Water Rates: $258.43 awarded to landlord
What type of tenancy dispute was case 5359101?
The primary dispute was Rent arrears. Related themes: Property damage.
Where can I read the official tribunal order for case 5359101?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13148839-Tenancy_Tribunal_Order.pdf.