What was the outcome of Tenancy Tribunal case 5384241?

The tribunal order states: JOSEPHINE SILVA must pay Kāinga Ora–Homes And Communities $1,346.21

How much money was awarded in case 5384241?

Property Damage: $389.02 awarded to landlord; Rent Arrears: $445.71 awarded to landlord; Bathroom Cabinet: $39.86 awarded to landlord; Hole In Wall: $56.72 awarded to landlord; Rubbish Removal: $86.48 awarded to landlord; Rubbish Removal: $328.42 awarded to landlord

What type of tenancy dispute was case 5384241?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5384241?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13001191-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5384241?

The tribunal order states: JOSEPHINE SILVA must pay Kāinga Ora–Homes And Communities $1,346.21

How much money was awarded in case 5384241?

Property Damage: $389.02 awarded to landlord; Rent Arrears: $445.71 awarded to landlord; Bathroom Cabinet: $39.86 awarded to landlord; Hole In Wall: $56.72 awarded to landlord; Rubbish Removal: $86.48 awarded to landlord; Rubbish Removal: $328.42 awarded to landlord

What type of tenancy dispute was case 5384241?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5384241?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13001191-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 2, 3 Awa Street, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5384241 — Property damage

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Unit/Flat Flat 2, 3 Awa Street, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5384241 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5384241 — net $1,346.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 September 2025	$445.71	Rent arrears to 16 September 2025
Rubbish removal: Interior	$328.42	Rubbish removal: Interior
Rubbish removal: Exterior	$86.48	Rubbish removal: Exterior
Repairs: Hole in wall	$56.72	Repairs: Hole in wall
Window repairs	$389.02	Window repairs
Repairs: Bathroom cabinet	$39.86	Repairs: Bathroom cabinet
Net award	$1,346.21
Total payable by Tenant to Landlord	$1,346.21

Claims and awards for application 5384241 — net $1,346.21 NZD. Verify on MoJ.

Rent arrears to 16 September 2025

Amount: $445.71
Awarded to: Landlord
Reason: Rent arrears to 16 September 2025

Rubbish removal: Interior

Amount: $328.42
Awarded to: Landlord
Reason: Rubbish removal: Interior

Rubbish removal: Exterior

Amount: $86.48
Awarded to: Landlord
Reason: Rubbish removal: Exterior

Repairs: Hole in wall

Amount: $56.72
Awarded to: Landlord
Reason: Repairs: Hole in wall

Window repairs

Amount: $389.02
Awarded to: Landlord
Reason: Window repairs

Claim types — money lines allowed on this order

Property damage Rent arrears Rubbish Removal

Order

JOSEPHINE SILVA must pay Kāinga Ora–Homes And Communities $1,346.21 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing which was held by teleconference.
The tenant did not answer any of the three calls that were made at the scheduled time to the number provided provided to the Tribunal. The tenant has been served notice of the hearing to her e-mail address, which is the same e- mail address provided on the tenancy agreement and used by the tenant when she gave notice to end the tenancy.
Because I am satisfied the tenant has been served effective notice of the hearing, I conducted the hearing and the tenants absence.
The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 16 September 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy is $445.71.

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 landlord provided photographs which show that at the end of the tenancy a large amount of rubbish and belongings were left inside and some rubbish was left outside the premises.
This claim and the amounts ordered approved.

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.
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.
The landlord is claiming for the following damage: a. A small hole in a wall, b. re-glazing an aluminium window, and c. replacing a bathroom cabinet.
These claims and the amounts ordered are proved.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5384241 — net $1,346.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 September 2025	$445.71	Rent arrears to 16 September 2025
Rubbish removal: Interior	$328.42	Rubbish removal: Interior
Rubbish removal: Exterior	$86.48	Rubbish removal: Exterior
Repairs: Hole in wall	$56.72	Repairs: Hole in wall
Window repairs	$389.02	Window repairs
Repairs: Bathroom cabinet	$39.86	Repairs: Bathroom cabinet
Net award	$1,346.21
Total payable by Tenant to Landlord	$1,346.21

Claims and awards for application 5384241 — net $1,346.21 NZD. Verify on MoJ.

Rent arrears to 16 September 2025

Amount: $445.71
Awarded to: Landlord
Reason: Rent arrears to 16 September 2025

Rubbish removal: Interior

Amount: $328.42
Awarded to: Landlord
Reason: Rubbish removal: Interior

Rubbish removal: Exterior

Amount: $86.48
Awarded to: Landlord
Reason: Rubbish removal: Exterior

Repairs: Hole in wall

Amount: $56.72
Awarded to: Landlord
Reason: Repairs: Hole in wall

Window repairs

Amount: $389.02
Awarded to: Landlord
Reason: Window repairs

Claim types — money lines allowed on this order

Property damage Rent arrears Rubbish Removal

Order

JOSEPHINE SILVA must pay Kāinga Ora–Homes And Communities $1,346.21 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing which was held by teleconference.
The tenant did not answer any of the three calls that were made at the scheduled time to the number provided provided to the Tribunal. The tenant has been served notice of the hearing to her e-mail address, which is the same e- mail address provided on the tenancy agreement and used by the tenant when she gave notice to end the tenancy.
Because I am satisfied the tenant has been served effective notice of the hearing, I conducted the hearing and the tenants absence.
The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 16 September 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy is $445.71.

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 landlord provided photographs which show that at the end of the tenancy a large amount of rubbish and belongings were left inside and some rubbish was left outside the premises.
This claim and the amounts ordered approved.

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.
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.
The landlord is claiming for the following damage: a. A small hole in a wall, b. re-glazing an aluminium window, and c. replacing a bathroom cabinet.
These claims and the amounts ordered are proved.

Tenancy Tribunal case 5384241 — Property damage at Unit/Flat Flat 2, 3 Awa Street, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 5384241 — Property damage at Unit/Flat Flat 2, 3 Awa Street, Otahuhu, Auckland 1062

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions