Tenantcheck Insights · Case study
Tenancy Tribunal case 5389792 — Rent arrears at 20A Finlayson Avenue, Clendon Park, Auckland 2103
Decided 2 February 2026 · Published 2 February 2026 · Application 5389792
- Rent arrears
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $4,850.02
- Bond payment as ordered
- −$2,900.00
- Total balance for Tenant to pay Landlord
- $1,950.02
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 16 January 2026 | $3,903.13 | Rent arrears to 16 January 2026 | |
| Water rates: 19 May to 18 November 2025 | $418.89 | Water rates: 19 May to 18 November 2025 | |
| Insurance excess for the fire | $500.00 | Insurance excess for the fire | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $1,950.02 | ||
| Total payable by Tenant to Landlord | $1,950.02 |
Claims and awards for application 5389792 — net $1,950.02 NZD. Verify on MoJ.
Rent arrears to 16 January 2026
- Amount
- $3,903.13
- Awarded to
- Landlord
- Reason
- Rent arrears to 16 January 2026
Water rates: 19 May to 18 November 2025
- Amount
- $418.89
- Awarded to
- Landlord
- Reason
- Water rates: 19 May to 18 November 2025
Insurance excess for the fire
- Amount
- $500.00
- Awarded to
- Landlord
- Reason
- Insurance excess for the fire
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $1,950.02
Total payable by Tenant to Landlord
Landlord $1,950.02
Claim types — money lines allowed on this order
Order
- Tearai Nesta Manu Wati and Amanda Wati must pay Favourite Property Management Limited As Agents For Poly Cheak & Chanthou Ly $1,950.02 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $2,900.00 (BN-00054368) to Favourite Property Management Limited As Agents For Poly Cheak & Chanthou Ly immediately.
Reasons
- The landlord attended the hearing.
- 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?
- The tenancy ended on 16 January 2026 by agreement. The landlord provided rent records and water rates invoices which prove the amount owing.
Are the tenants responsible for the damage to the premises?
- There is a claim for the insurance excess after a kitchen fire. The 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 tenants 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. See section 49B(3)(a) RTA.
- The landlord said one of the tenants was cooking and she went upstairs and left the cooking unattended. There was a fire and the kitchen was damaged. The insurer accepted the claim and the damage has been repaired. The landlord has proved there was damage during the tenancy which was more than fair wear and tear. I have not heard any evidence from the tenants so they have not disproved liability for the damage.
- The insurance excess disclosed in the tenancy agreement was $500 and I have ordered the tenants to pay this amount. Other orders
- Because the landlord has substantially succeeded with the claim I have reimbursed 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(2), s49B(3), s8
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 5389792?
The tribunal order states: Tearai Nesta Manu Wati and Amanda Wati must pay Favourite Property
How much money was awarded in case 5389792?
Filing Fee: $28.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rent Arrears: $3,903.13 awarded to landlord; Water Rates: $418.89 awarded to landlord
What type of tenancy dispute was case 5389792?
The primary dispute was Rent arrears. Related themes: Property damage.
Where can I read the official tribunal order for case 5389792?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13056924-Tenancy_Tribunal_Order.pdf.