Tenantcheck Insights · Case study
Tenancy Tribunal case 5362621 — Rent arrears at 163A Balmain Road, Birkenhead, Auckland 0626
Decided 12 February 2026 · Published 12 February 2026 · Application 5362621
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
J Maher
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $4,237.47
- Total balance for Tenant to pay Landlord
- $1,837.47
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 10/11/2025 | $2,971.43 | Rent arrears to 10/11/2025 | |
| Water rates | $38.04 | Water rates | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Replace shower | $650.00 | Replace shower | |
| Repaint bathroom and toilet | $500.00 | Repaint bathroom and toilet | |
| Dispose of rubbish | $50.00 | Dispose of rubbish | |
| Total award | $3,037.47 | $1,200.00 | |
| Net award | $1,837.47 | ||
| Bond | $2,700.00 | ||
| Total payable by Tenant to Landlord | $1,837.47 |
Claims and awards for application 5362621 — net $1,837.47 NZD. Verify on MoJ.
Rent arrears to 10/11/2025
- Amount
- $2,971.43
- Awarded to
- Landlord
- Reason
- Rent arrears to 10/11/2025
Water rates
- Amount
- $38.04
- Awarded to
- Landlord
- Reason
- Water rates
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Replace shower
- Amount
- $650.00
- Awarded to
- Tenant
- Reason
- Replace shower
Repaint bathroom and toilet
- Amount
- $500.00
- Awarded to
- Tenant
- Reason
- Repaint bathroom and toilet
Dispose of rubbish
- Amount
- $50.00
- Awarded to
- Tenant
- Reason
- Dispose of rubbish
Total award
Landlord $3,037.47 · Tenant $1,200.00
Net award
Landlord $1,837.47
Bond
Landlord $2,700.00
Total payable by Tenant to Landlord
Landlord $1,837.47
Dismissed claims
- Reimbursement For An Electrician Att… — When the issue was raised the landlord had an electrician attend who advised that the issue was that the switch was turned off.
Claim types — money lines allowed on this order
Order
- Juan Villegas Morales and Elise Marie Whitehead are to to pay Arrow Property Management Limited As Agent For Angie Holmes $1,837.47 from the bond, calculated as shown in table below.
- The Bond Centre is to pay the bond of $2,700.00 (BN-00007299) immediately apportioned as follows: Arrow Property Management Limited As Agent For Angie Holmes: $1,837.47 Juan Villegas Morales and Elise Marie Whitehead: $862.53
Reasons
- Both parties attended the hearing.
- The landlord has applied for rent arrears and unpaid water rates.
- The tenant has requested compensation with respect to work completed at the property.
- While no cross application was received from the tenants, the landlord requested the matters the tenants have raised are considered and a final order issued. As the landlord had particulars of the tenants claims ahead of the hearing it was determined that by agreement the tenants’ claims would be considered.
How much is owed for rent?
- The tenancy ended on 10/11/2025 in accordance with the end of the fixed term. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
Is the landlord liable to compensate the tenant for work completed at the property?
- During the tenancy the tenants paid for an electrician to fix a pantry light, replaced the shower head and had the bathroom and toilet repainted.
- The landlord agrees that the replacement of the shower head and painting work in the bathroom work has improved the property and while not strictly required to (as prior authorisation was not sought) has agreed to pay reasonable compensation.
- The landlord’s issue with the invoices the tenants have provided is that they are considered unfairly high, and the landlord was not provided an opportunity to arrange the work themselves and thus ensure costs were mitigated.
- Section 42 of the RTA requires a tenant to obtain prior written authorisation from the landlord before making any alterations, renovations or additions. Section 40 requires a tenant to notify the landlord if repairs are needed. Both landlords and tenants have a duty to mitigate loss (and ensure claims made against the other party are reasonable).
- Having considered the evidence carefully I am satisfied that the amounts ordered are fair and reasonable compensation.
- The tenants claim for reimbursement for an electrician attending to fix a light in the pantry is dismissed. When the issue was raised the landlord had an electrician attend who advised that the issue was that the switch was turned off.
- The tenants objected to paying that invoice when requested and the landlord agreed to waive the matter. As far as the landlord was concerned this was the end of the matter. The tenants then had their own contractor attend and request reimbursement of this charge ($368). I dismiss the claim as the landlord was not notified and did not agree to meet the cost.
- The landlord has paid the water blasting costs and gardening costs also raised so no orders are required about those matters.
- The landlord is successful in its claims so the tenants are to 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
s40, s42
Key findings
- Dispute theme: rent arrears
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5362621?
The tribunal order states: Juan Villegas Morales and Elise Marie Whitehead are to to pay Arrow Property
How much money was awarded in case 5362621?
Dispose Of Rubbish: $50.00 awarded to tenant; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,971.43 awarded to landlord; Repaint Bathroom And Toilet: $500.00 awarded to tenant; Replace Shower: $650.00 awarded to tenant; Water Rates: $38.04 awarded to landlord
What type of tenancy dispute was case 5362621?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5362621?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13111645-Tribunal_Order.pdf.