Tenantcheck Insights · Case study
Tenancy Tribunal case 5386122 — Rent arrears at 65 Riddell Road, Glendowie, Auckland 1071
Decided 13 March 2026 · Published 13 March 2026 · Application 5386122
- 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
D Watson
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $6,556.53
- Total balance for Tenant to pay Landlord
- $6,556.53
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 19.9.23 | $5,445.00 | Rent arrears to 19.9.23 | |
| Repairs windows and holes | $158.62 | Repairs windows and holes | |
| Rubbish removal | $952.91 | Rubbish removal | |
| Net award | $6,556.53 | ||
| Total payable by Tenant to Landlord | $6,556.53 |
Claims and awards for application 5386122 — net $6,556.53 NZD. Verify on MoJ.
Rent arrears to 19.9.23
- Amount
- $5,445.00
- Awarded to
- Landlord
- Reason
- Rent arrears to 19.9.23
Repairs windows and holes
- Amount
- $158.62
- Awarded to
- Landlord
- Reason
- Repairs windows and holes
Rubbish removal
- Amount
- $952.91
- Awarded to
- Landlord
- Reason
- Rubbish removal
Net award
Landlord $6,556.53
Total payable by Tenant to Landlord
Landlord $6,556.53
Claim types — money lines allowed on this order
Order
- Laura Catherine Anne Petaia must pay Kāinga Ora–Homes And Communities $6,556.53 immediately, calculated as shown in table below.
Reasons
- Only the landlord attended the hearing. The landlord said the tenant was aware of the hearing.
- The landlord has applied for rent arrears and compensation following the end of the tenancy.
How much is owed for rent?
- The landlord provided rent records which prove the amount owing at the end of the tenancy as ordered above.
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 tenant did not remove all rubbish. I consider the amount ordered above to be reasonable to remove the unwanted belongings and rubbish from the property.
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.
- 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.
- I am satisfied that the two large holes in the walls were deliberate. I accept the landlord’s evidence that they were put there by the tenant and I accept that the sum of $84.62 in total to repair both holes was a reasonable sum.
- I also accept the landlord’s evidence that the tenant agreed to pay for a broken window during the tenancy, which cost $74 to replace.
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)
Key findings
- Dispute theme: rent arrears
- Dispute theme: property damage
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5386122?
The tribunal order states: Laura Catherine Anne Petaia must pay Kāinga Ora–Homes And Communities
How much money was awarded in case 5386122?
Property Damage: $158.62 awarded to landlord; Rent Arrears: $5,445.00 awarded to landlord; Rubbish Removal: $952.91 awarded to landlord
What type of tenancy dispute was case 5386122?
The primary dispute was Rent arrears. Related themes: Property damage.
Where can I read the official tribunal order for case 5386122?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13281478-Tenancy_Tribunal_Order.pdf.