Tenantcheck Insights · Case study
Tenancy Tribunal case 5392369 — Rent arrears at 12A Don Buck Road, Massey, Auckland 0614
Decided 2 February 2026 · Published 2 February 2026 · Application 5392369
Landlord favoured
- 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
V Pasupati
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $5,153.77
- Total balance for Tenant to pay Landlord
- $5,153.77
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 24.10.2025 | $1,839.86 | Rent arrears to 24.10.2025 | |
| Cleaning | $618.06 | Cleaning | |
| Rubbish removal | $2,151.00 | Rubbish removal | |
| Door replacement | $217.01 | Door replacement | |
| Repairs to wall | $80.70 | Repairs to wall | |
| Heat pump remote | $48.35 | Heat pump remote | |
| Toilet roll holder | $30.79 | Toilet roll holder | |
| Carpet replacement | $168.00 | Carpet replacement | |
| Net award | $5,153.77 | ||
| Total payable by Tenant to Landlord | $5,153.77 |
Claims and awards for application 5392369 — net $5,153.77 NZD. Verify on MoJ.
Rent arrears to 24.10.2025
- Amount
- $1,839.86
- Awarded to
- Landlord
- Reason
- Rent arrears to 24.10.2025
Cleaning
- Amount
- $618.06
- Awarded to
- Landlord
- Reason
- Cleaning
Rubbish removal
- Amount
- $2,151.00
- Awarded to
- Landlord
- Reason
- Rubbish removal
Door replacement
- Amount
- $217.01
- Awarded to
- Landlord
- Reason
- Door replacement
Repairs to wall
- Amount
- $80.70
- Awarded to
- Landlord
- Reason
- Repairs to wall
Heat pump remote
- Amount
- $48.35
- Awarded to
- Landlord
- Reason
- Heat pump remote
Toilet roll holder
- Amount
- $30.79
- Awarded to
- Landlord
- Reason
- Toilet roll holder
Carpet replacement
- Amount
- $168.00
- Awarded to
- Landlord
- Reason
- Carpet replacement
Net award
Landlord $5,153.77
Total payable by Tenant to Landlord
Landlord $5,153.77
Claim types — money lines allowed on this order
Order
- Ani Lavinia Taiapa - Ballantyne must pay Kāinga Ora–Homes and Communities $5,153.77 immediately, calculated as shown in the table below.
Reasons
- Only the landlord, represented by Ms Thompson-Wise, attended the teleconference hearing. Phone calls to the tenant were unanswered. As the tenant has been notified (via email and text), the hearing proceeded in her absence.
- The landlord has applied for rent arrears and compensation following the end of the tenancy. There is no bond.
How much is owed for rent ?
- The tenancy ended on 24 October 2025. The landlord’s evidence is that the tenant failed to meet her obligations after the Tribunal issued a conditional termination order, and left the premises on 24 October 2025. The landlord provided rent records, which prove the amount owing at the end of the tenancy. This is awarded 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) of the Residential Tenancies Act 1986 (the RTA).
- The landlord seeks cleaning and rubbish removal costs. The landlord has produced inspection reports with photographic evidence showing the condition of the premises at the start of the tenancy, and when the tenancy ended. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
- The landlord states all rooms needed deep cleaning, with additional cleaning of the kitchen cupboards and rangehood being required.
- In terms of the rubbish removal costs, the landlord’s evidence is that there were large items left outside the house, including building materials, wooden pallets, palings, a wheelbarrow, paint tins, gate, and clothing. Two skip bins were required, and the total rubbish came to 12 cubic metres.
- A heat pump remote was missing at the end of the tenancy and had to be replaced.
- The amounts ordered are proved. Compensation for tenant damage General principles regarding responsibility for damage
- The landlord seeks compensation for tenant damage. To be successful in such claims, 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 of the 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) of the 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) of the 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) of the RTA.
- The landlord advises that the market rent for the premises is $581.00 per week.
- 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) of the 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.
- When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, the landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered. The landlord’s claim for tenant damage
- On the basis of the landlord’s evidence, I am satisfied that the following damage was caused during the tenancy: • Door: the door to bedroom 2 was damaged and had to be replaced. Due to the nature of the damage, it appears likely the door was forced open. • Wall: there was damage to the living room wall, which had to be patched up. • Toilet roll holder: this had been removed and had to be replaced. • Carpet: this is discussed below. Carpet
- The carpet from the entire house had been removed. The landlord’s entry inspection report shows carpet was installed and in good condition at the start of the tenancy. The exit inspection report shows that all rooms that were previously carpeted were now without carpet. The removal of the carpet from the property was clearly intentional.
- Despite the extent of loss, the landlord seeks a modest amount, in the sum of $168.00. This comprises the depreciated value of the entry, hallway and bedroom 1 carpet only. The landlord states the carpet in these areas was 7 years old at the end of the tenancy. The landlord has explained that as the carpet in the rest of the house was over 10 years old, compensation for this carpet is not being claimed.
- The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.
- In determining the quantum of compensation, betterment and depreciation has been taken into account. Filing fee and name suppression
- While successful, the landlord does not seek the filing fee, or name suppression.
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), s7
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 5392369?
The tribunal order states: Ani Lavinia Taiapa - Ballantyne must pay Kāinga Ora–Homes and Communities
How much money was awarded in case 5392369?
Cleaning: $618.06 awarded to landlord; Heat Pump Remote: $48.35 awarded to landlord; Property Damage: $217.01 awarded to landlord; Property Damage: $80.70 awarded to landlord; Property Damage: $168.00 awarded to landlord; Rent Arrears: $1,839.86 awarded to landlord; Rubbish Removal: $2,151.00 awarded to landlord; Toilet Roll Holder: $30.79 awarded to landlord
What type of tenancy dispute was case 5392369?
The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.
Where can I read the official tribunal order for case 5392369?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13052202-Tenancy_Tribunal_Order.pdf.