Tenantcheck Insights · Case study
Tenancy Tribunal case 5447428 — Rent arrears at 52 Kemp Road, Massey, Auckland 0614
Decided 3 Jul 2026 · Published 3 Jul 2026 · Application 5447428
- Rent arrears
- Cleanliness
At a glance
Key facts from the published tribunal order.
Location
Auckland
Tribunal region
Adjudicator
M Allan
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $9,532.25
- Total balance for Tenant to pay Landlord
- $9,532.25
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 27 July 2025 | $6,950.00 | Rent arrears to 27 July 2025 | |
| Cleaning | $1,059.25 | Cleaning | |
| Rubbish removal | $862.50 | Rubbish removal | |
| Lawns and garden work | $632.50 | Lawns and garden work | |
| Filing fee reimbursement |
Order
- [The tenant/s] tenant/s] must pay Spectre Property Management Services Limited $9,532.25 immediately, calculated as shown in table below.
Reasons
- Only the landlord attended the hearing.
- This tenancy began on 31 May 2021 and ended by agreement on 13 September 2025. There was no written tenancy agreement. The landlord took over management of the property from the owner towards the end of the tenancy.
- The rent summary shows that rent was initially $850 per week but increased to $920 per week on 21 November 2022. There no bond held at the Bond Centre.
- The landlord has applied for the following: a. Rent arrears in the amount of $9,578.58 b. Water arrears in the amount of $8,134.56 c. Compensation for cleaning, extensive repairs, replacement chattels, and exterior renovation in the amount of $33,688.22 d. Reimbursement of the filing fee of $28.00
How much is owed for rent and water rates?
- The landlord produced a rent summary to 27 July 2025 in the amount of $6,950.00. I therefore order rent arrears to that date.
- The landlord did not produce any water invoices and so the landlord’s claim for water arrears is not proven and is dismissed. Did the tenant comply with their obligations at the end of the tenancy and are they responsible for damage?
- 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.
- 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 produced an outgoing inspection report showing the property to be in very poor condition. The property is very dirty and there are large amounts of rubbish left behind including chairs, tables, mattresses, cushions, appliances and various miscellaneous household items. There are stains on the carpet, holes in multiple walls, a broken window, the stove is missing, various doors have been removed, cupboard doors have come off their hinges, and the garden outside is very overgrown.
- I am satisfied that the landlord has proved that the tenant did not leave the property reasonably clean and tidy and did not remove all rubbish. That is proved by the outgoing inspection photos. I have therefore ordered the itemised amounts in the landlord’s invoice for those items as outlined above.
- I am not satisfied that the landlord has proved that the damage occurred during the tenancy. There was no ingoing inspection report showing the condition of the property at the start of the tenancy, and was no other evidence produced as to the condition of the property at the start, or during, the tenancy.
- In the circumstances the damage is not proved and the landlord’s claim for damage is therefore dismissed.
- Because Spectre Property Management Services Limited has substantially succeeded with the claim I have reimbursed the filing fee.
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)
Key findings
- Dispute theme: rent arrears
- Dispute theme: cleaning
Property management
- SPECTRE PROPERTY MANAGEMENT SERVICES LIMITED (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was Tenancy Tribunal case 5447428 about?
The tribunal order states: [The tenant/s] tenant/s] must pay Spectre Property Management Services Limited
How much money was awarded in case 5447428?
Cleaning: $1,059.25 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $632.50 awarded to landlord; Rent Arrears: $6,950.00 awarded to landlord; Rubbish Removal: $862.50 awarded to landlord
What type of tenancy dispute was case 5447428?
The primary dispute was Rent arrears. Related themes: Cleanliness.
Where can I read the official tribunal order for case 5447428?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13846263-Tenancy_Tribunal_Order.pdf.
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