Tenantcheck Insights · Case study
Tenancy Tribunal case 5443731 — Rent arrears at Unit/Flat Unit G08, 179 Lake Road, Belmont, Auckland 0622
Published 28 May 2026 · Application 5443731
- 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
T Baker
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $834.96
- Total balance for Tenant to pay Landlord
- $834.96
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 13 January 2026 | $282.85 | Rent arrears to 13 January 2026 | |
| Rubbish removal | $82.11 | Rubbish removal | |
| Replace furnishings: carpet | $312.00 | Replace furnishings: carpet | |
| Repairs: painting | $158.00 | Repairs: painting | |
| Net award | $834.96 | ||
| Total payable by Tenant to Landlord | $834.96 |
Claims and awards for application 5443731 — net $834.96 NZD. Verify on MoJ.
Rent arrears to 13 January 2026
- Amount
- $282.85
- Awarded to
- Landlord
- Reason
- Rent arrears to 13 January 2026
Rubbish removal
- Amount
- $82.11
- Awarded to
- Landlord
- Reason
- Rubbish removal
Replace furnishings: carpet
- Amount
- $312.00
- Awarded to
- Landlord
- Reason
- Replace furnishings: carpet
Repairs: painting
- Amount
- $158.00
- Awarded to
- Landlord
- Reason
- Repairs: painting
Net award
Landlord $834.96
Total payable by Tenant to Landlord
Landlord $834.96
Claim types — money lines allowed on this order
Order
- Antionette Louisa Cuthill-Coutts must pay Kāinga Ora–Homes And Communities $834.96 immediately, calculated as shown in table below.
Reasons
- The landlord attended the hearing, which was conducted remotely. There was no appearance for the tenant.
- The landlord has applied for rent arrears and compensation following the end of the tenancy.
- The tenancy ended on 13 January 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy was 282.85.
Did the tenant comply with their obligations at the end of the tenancy?
- At the end of the tenancy the tenant must, remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986.
- The landlord provided photographs which show that the tenant did not remove all rubbish. The landlord sought $82.11 for rubbish removal.
- The amount ordered is 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.
- The landlord provided entry and exit inspection photographs. At the end of the tenancy there was a large stain in the carpet in the lounge. This could not be removed by cleaning and so the carpet was replaced. The landlord has applied depreciation and seeks only $312.
- The tenant had put some decals in the kitchen. They could not be removed without damaging the paint. There was also a large area above the sink that had some sort of residue on it as well as some other small areas where the paint had come off. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Again the landlord had already applied deterioration and sought $158.
- I have taken into account betterment and depreciation. 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, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
- 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
s282, s40(1), s40(2)
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 5443731?
The tribunal order states: Antionette Louisa Cuthill-Coutts must pay Kāinga Ora–Homes And
How much money was awarded in case 5443731?
Rent Arrears: $282.85 awarded to landlord; Painting: $158.00 awarded to landlord; Replace Furnishings: Carpet: $312.00 awarded to landlord; Rubbish Removal: $82.11 awarded to landlord
What type of tenancy dispute was case 5443731?
The primary dispute was Rent arrears. Related themes: Property damage.
Where can I read the official tribunal order for case 5443731?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13668439-Tenancy_Tribunal_Order.pdf.