Tenantcheck Insights · Case study
Tenancy Tribunal case 5385566 — Property damage at 34 Whakanoho Road, Westgate, Auckland 0814
Decided 16 February 2026 · Published 16 February 2026 · Application 5385566
- Property damage
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
N Walker
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $6,061.48
- Bond payment as ordered
- −$3,520.00
- Total balance for Tenant to pay Landlord
- $2,541.48
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| of total rent arrears | $901.57 | of total rent arrears | |
| Water rates | $48.86 | Water rates | |
| Lock/key replacement | $322.00 | Lock/key replacement | |
| Cleaning: and rubbish removal | $2,789.90 | Cleaning: and rubbish removal | |
| Repairs | $1,207.50 | Repairs | |
| Repairs: Blinds | $389.90 | Repairs: Blinds | |
| Lawns and Garden work | $373.75 | Lawns and Garden work | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $2,541.48 | ||
| Total payable by Tenant to Landlord | $2,541.48 |
Claims and awards for application 5385566 — net $2,541.48 NZD. Verify on MoJ.
of total rent arrears
- Amount
- $901.57
- Awarded to
- Landlord
- Reason
- of total rent arrears
Water rates
- Amount
- $48.86
- Awarded to
- Landlord
- Reason
- Water rates
Lock/key replacement
- Amount
- $322.00
- Awarded to
- Landlord
- Reason
- Lock/key replacement
Cleaning: and rubbish removal
- Amount
- $2,789.90
- Awarded to
- Landlord
- Reason
- Cleaning: and rubbish removal
Repairs
- Amount
- $1,207.50
- Awarded to
- Landlord
- Reason
- Repairs
Repairs: Blinds
- Amount
- $389.90
- Awarded to
- Landlord
- Reason
- Repairs: Blinds
Lawns and Garden work
- Amount
- $373.75
- Awarded to
- Landlord
- Reason
- Lawns and Garden work
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $2,541.48
Total payable by Tenant to Landlord
Landlord $2,541.48
Claim types — money lines allowed on this order
Order
- Andre Hunt and Bailey Glassie must pay Spectre Property Management Services Limited As Agent For Danny & Sanjana Dhanak $2,290.05 immediately, calculated as shown in table below.
- Bailey Glassie must pay Spectre Property Management Services Limited As Agent For Danny & Sanjana Dhanak $251.43 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $3,520.00 (6448826-002) to Spectre Property Management Services Limited As Agent For Danny & Sanjana Dhanak immediately.
Reasons
- The landlord and the tenant, Andre Hunt attended the hearing held on 16 February 2026.
- The tenant, Bailey Glassie did not attend the hearing. An attempt was made to join Mr Glassie to the hearing by telephone, but the call went to voicemail.
- The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent and water rates?
- The tenant, Andre Hunt withdrew from the tenancy 1 on 9 October 2025.
- The tenancy ended on 13 October 2025.
- Andre Hunt is jointly responsible for anything done or omitted to be done before the withdrawal.
- Andre Hunt is not responsible for rent arrears incurred for the period from 10 October 2025 until 13 October 2025. The rent owed for that period is $251.43. Bailey Glassie is solely responsible for that amount.
- Both tenants are liable for rent arrears of $650.14, which is the amount owed to 9 October 2025.
- Both tenants are responsible for the water rates owed at the end of the tenancy which amounts to $48.86 as there is no way to apportion the amount of water used for the last four days of the tenancy.
- I am satisfied that both tenants are responsible for the remaining claims sought by the landlord given that an inspection was carried out on 9 October 2025 and the condition of the premises was very similar in the final inspection carried out on 13 October 2025.
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. 1 Section 56B Residential Tenancies Act 1986
- The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
- The tenant did not return all of the keys.
- The amounts ordered are proved.
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.
- 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) 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) 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.
- 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.
- The following damage was caused during the tenancy: wall holes, damaged deck, damaged kitchen cabinet, damaged wardrobe, damaged door handle. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.
- Because Spectre Property Management Services Limited As Agent For Danny & Sanjana Dhanak has wholly succeeded with the claim I must 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(1), s40(2), s49B(1), s49B(3), s49B(3A), s56B
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 5385566?
The tribunal order states: Andre Hunt and Bailey Glassie must pay Spectre Property Management
How much money was awarded in case 5385566?
Rubbish Removal: $2,789.90 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $373.75 awarded to landlord; Property Damage: $322.00 awarded to landlord; Property Damage: $1,207.50 awarded to landlord; Rent Arrears: $901.57 awarded to landlord; Blinds: $389.90 awarded to landlord; Water Rates: $48.86 awarded to landlord
What type of tenancy dispute was case 5385566?
The primary dispute was Property damage. Related themes: Rent arrears.
Where can I read the official tribunal order for case 5385566?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13128823-Tenancy_Tribunal_Order.pdf.