Tenantcheck Insights · Case study
Tenancy Tribunal case 5426530 — Rent arrears at 4A Patrice Place, Massey, Auckland 0614
Decided 14 April 2026 · Published 14 April 2026 · Application 5426530
- 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
N Walker
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $2,786.23
- Bond payment as ordered
- −$196.00
- Total balance for Tenant to pay Landlord
- $2,590.23
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears | $276.57 | Rent arrears | |
| Previous order application 5351682 dated 06/11/2025 | $1,116.00 | Previous order application 5351682 dated 06/11/2025 | |
| Repairs: Carpet | $93.00 | Repairs: Carpet | |
| Repairs: Wall hole | $40.35 | Repairs: Wall hole | |
| Rubbish removal: exterior | $358.50 | Rubbish removal: exterior | |
| Rubbish removal: interior | $821.05 | Rubbish removal: interior | |
| Toilet roll holder | $30.79 | Toilet roll holder | |
| Towel rail | $49.97 | Towel rail | |
| Net award | $2,590.23 | ||
| Total payable by Tenant to Landlord | $2,590.23 |
Claims and awards for application 5426530 — net $2,590.23 NZD. Verify on MoJ.
Rent arrears
- Amount
- $276.57
- Awarded to
- Landlord
- Reason
- Rent arrears
Previous order application 5351682 dated 06/11/2025
- Amount
- $1,116.00
- Awarded to
- Landlord
- Reason
- Previous order application 5351682 dated 06/11/2025
Repairs: Carpet
- Amount
- $93.00
- Awarded to
- Landlord
- Reason
- Repairs: Carpet
Repairs: Wall hole
- Amount
- $40.35
- Awarded to
- Landlord
- Reason
- Repairs: Wall hole
Rubbish removal: exterior
- Amount
- $358.50
- Awarded to
- Landlord
- Reason
- Rubbish removal: exterior
Rubbish removal: interior
- Amount
- $821.05
- Awarded to
- Landlord
- Reason
- Rubbish removal: interior
Toilet roll holder
- Amount
- $30.79
- Awarded to
- Landlord
- Reason
- Toilet roll holder
Towel rail
- Amount
- $49.97
- Awarded to
- Landlord
- Reason
- Towel rail
Net award
Landlord $2,590.23
Total payable by Tenant to Landlord
Landlord $2,590.23
Claim types — money lines allowed on this order
Order
- Ada Pehi must pay Kāinga Ora–Homes And Communities $2,590.23 immediately, calculated as shown in table below.
- This order incorporates the Tribunal order made on 6 November 2025 under application 5351682.
- The Bond Centre is to pay the bond of $196.00 (3277983-002) to Kāinga Ora– Homes And Communities immediately.
Reasons
- The landlord attended the hearing held on 14 April 2026 by video. The tenant did not attend the hearing. An attempt was made to join the tenant to the hearing by telephone, but the call went to voicemail.
- The landlord has applied for rent arrears, compensation, and refund of the bond following the end of the tenancy.
How much is owed for rent?
- On 6 November 2025 the Tribunal made an order relating to this tenancy, for rent arrears to 10 November 2025. It was a conditional termination order where the tenant failed to comply with the required payments. As a result, the tenancy was terminated on 2 December 2025.
- The previous order is incorporated into this order for enforcement purposes.
- The landlord provided rent records which prove the balance owed for rent arrears.
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 leave the premises reasonably clean and tidy, and did not remove all rubbish.
- The amounts ordered are proved.
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 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: wall hole, damaged carpet, missing toilet roll holder and towel rail. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.
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)
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 5426530?
The tribunal order states: Ada Pehi must pay Kāinga Ora–Homes And Communities $2,590.23
How much money was awarded in case 5426530?
Previous Order Application 5351682 D…: $1,116.00 awarded to landlord; Rent Arrears: $276.57 awarded to landlord; Carpet: $93.00 awarded to landlord; Wall Hole: $40.35 awarded to landlord; Rubbish Removal: $358.50 awarded to landlord; Rubbish Removal: $821.05 awarded to landlord; Toilet Roll Holder: $30.79 awarded to landlord; Towel Rail: $49.97 awarded to landlord
What type of tenancy dispute was case 5426530?
The primary dispute was Rent arrears. Related themes: Property damage.
Where can I read the official tribunal order for case 5426530?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13439506-Tenancy_Tribunal_Order.pdf.