Tenantcheck Insights · Case study
Tenancy Tribunal case 5413328 — Rent arrears at Unit/Flat 604B, 32 Swanson Street, Auckland Central,
Published 21 April 2026 · Application 5413328
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
C Lamdin
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $5,471.68
- Bond payment as ordered
- −$2,120.00
- Total balance for Tenant to pay Landlord
- $3,351.68
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 10 February 2026 | $4,988.46 | Rent arrears to 10 February 2026 | |
| Letting fee 23/52 weeks | $483.22 | Letting fee 23/52 weeks | |
| Net award | $3,351.68 | ||
| Total payable by Tenant to Landlord | $3,351.68 |
Claims and awards for application 5413328 — net $3,351.68 NZD. Verify on MoJ.
Rent arrears to 10 February 2026
- Amount
- $4,988.46
- Awarded to
- Landlord
- Reason
- Rent arrears to 10 February 2026
Letting fee 23/52 weeks
- Amount
- $483.22
- Awarded to
- Landlord
- Reason
- Letting fee 23/52 weeks
Net award
Landlord $3,351.68
Total payable by Tenant to Landlord
Landlord $3,351.68
Claim types — money lines allowed on this order
Order
- Flavia Cremonez da Silva must pay Auckland Property Management Limited As Agents For Hui Chun Kong & Au Ching Man $3,351.68 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $2,120.00 (BN-00125924) to Auckland Property Management Limited As Agents For Hui Chun Kong & Au Ching Man immediately.
Reasons
- Both parties attended the hearing. Ms McLennan appeared for the landlord. The Tribunal and Ms da Silva were assisted by Ms Turnbull, a Portuguese interpreter.
- The tenancy agreement records the parties signed a fixed-term tenancy agreement to begin on 1 August 2025 and end on 1 August 2026.
- On 10 December 2025 the tenant gave two days’ notice to end the tenancy.
- The tenant has applied to have the fixed-term tenancy terminated due to the landlord failing to provide a working dishwasher as was listed on the chattels list of her tenancy agreement. She also wants her bond refunded.
- 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 reletting fees?
- The tenant signed a one-year fixed term tenancy. This means she signed a contract to pay rent for one year. The tenancy agreement included the use of a dishwasher.
- There is no dispute the tenant gave two days’ notice to end the tenancy on 10 December 2025.
- It was agreed by the parties that the dishwasher was not working at the start of the tenancy and was not replaced until after Ms da Silva gave notice to end the tenancy on 10 December 2025.
- Ms da Silva made several requests during the tenancy for the dishwasher to be repaired or replaced. The landlord attempted to solve the problem but failed to do so until after Ms da Silva had left.
- The faulty dishwasher was potentially a breach of the landlord’s obligation to provide the premises in a reasonable state of repair at the start of the tenancy, and/or maintain it during the tenancy. See the Residential Tenancies Act, 1986 (the “RTA”) section 45(1)(b). The tenant has not made a claim under this section.
- The landlord advertised the premises for rent and a new tenancy began on 11 February 2026. This means Ms da Silva’s tenancy ended on 10 February 2026, and she is liable for rent until this date. See the RTA section 40(1)(a).
- The landlord provided a rent summary that shows rent arrears until and including 10 February 2026 amounts to $4,988.47.
- This claim is proved.
- The landlord is claiming costs for reletting the premises earlier than expected due to the tenant ending the fixed-term tenancy early. See the RTA, section 44A. The landlord has provided an itemised account of expenses. The amount being claimed is $1,092.50.
- The tenant is liable for rent until 11 February 2026. This means the tenancy has lasted 29 weeks from 1 August 2025. If the tenancy had run for the full 12 months, the tenant would have no liability for reletting fees. It is therefore reasonable that the tenant reimburse the landlord for the same proportion of the reletting fees as there was left to run in the tenancy, 23 weeks.
- I have divided $1,092.50 by 52 (weeks of the tenancy agreement) and multiplied it by 23 (weeks remaining in the tenancy) to determine the correct amount of reletting fees to award.
- The amounts ordered are proved.
- On 12 December 2025 the Ms da Silva made an application to Tenancy Services to have her bond refunded. At this time no claim had been made by the landlord. Absent an application by the landlord the tenant has a right to have her bond refunded.
- Because both parties have made reasonable applications, I am not ordering either party to reimburse the other party’s $28.00 filing fee; these expenses may lie where they fall.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s44A, s45(1)
Key findings
- Dispute theme: rent arrears
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5413328?
The tribunal order states: Flavia Cremonez da Silva must pay Auckland Property Management Limited As
How much money was awarded in case 5413328?
Letting Fee 23/52 Weeks: $483.22 awarded to landlord; Rent Arrears: $4,988.46 awarded to landlord
What type of tenancy dispute was case 5413328?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5413328?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13475770-Tenancy_Tribunal_Order.pdf.