Tenantcheck Insights · Case study
Tenancy Tribunal case 5390821 — Rent arrears at Unit/Flat Unit 1, 1 Firth Crescent, Otara, Auckland 2025
Decided 13 February 2026 · Published 13 February 2026 · Application 5390821
- Rent arrears
- Cleanliness
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
S Young
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $8,061.38
- Total balance for Tenant to pay Landlord
- $8,061.38
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears | $7,891.57 | Rent arrears | |
| Cleaning: Oven | $131.02 | Cleaning: Oven | |
| Repairs: Patch gib | $38.79 | Repairs: Patch gib | |
| Net award | $8,061.38 | ||
| Total payable by Tenant to Landlord | $8,061.38 |
Claims and awards for application 5390821 — net $8,061.38 NZD. Verify on MoJ.
Rent arrears
- Amount
- $7,891.57
- Awarded to
- Landlord
- Reason
- Rent arrears
Cleaning: Oven
- Amount
- $131.02
- Awarded to
- Landlord
- Reason
- Cleaning: Oven
Repairs: Patch gib
- Amount
- $38.79
- Awarded to
- Landlord
- Reason
- Repairs: Patch gib
Net award
Landlord $8,061.38
Total payable by Tenant to Landlord
Landlord $8,061.38
Claim types — money lines allowed on this order
Order
- Fuaperetania Lauvi and Lalovaoa Lipano Seko must pay Kāinga Ora–Homes And Communities $8,061.38 immediately, calculated as shown in table below.
Reasons
- The landlord attended the remote hearing.
- The tenants did not attend the hearing. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenants.
- 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 15 March 2023. The landlord provided rent records which prove the amount owing is $7,891.57.
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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
- The tenant did not leave the oven reasonably clean and tidy The landlord provided photos of the oven in support of their application.
- The claim is proven and the compensation applied for is reasonable.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
- 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: A wall had been damaged. The landlord provided a photo of the damage in support of their claim. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amount ordered is proven.
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, s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: rent arrears
- Dispute theme: cleaning
- Dispute theme: property damage
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5390821?
The tribunal order states: Fuaperetania Lauvi and Lalovaoa Lipano Seko must pay Kāinga Ora–Homes
How much money was awarded in case 5390821?
Cleaning: $131.02 awarded to landlord; Rent Arrears: $7,891.57 awarded to landlord; Patch Gib: $38.79 awarded to landlord
What type of tenancy dispute was case 5390821?
The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.
Where can I read the official tribunal order for case 5390821?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13123116-Tenancy_Tribunal_Order.pdf.