Tenantcheck Insights · Case study
Tenancy Tribunal case 5452948 — Rent arrears at 32 Kirkella Crescent, Mangere East, Auckland 2024
Decided 12 May 2026 · Published 12 May 2026 · Application 5452948
- 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
H Ben Fayed
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $6,952.33
- Total balance for Tenant to pay Landlord
- $6,952.33
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 13/01/2026 | $3,518.57 | Rent arrears to 13/01/2026 | |
| Cleaning | $797.01 | Cleaning | |
| Rubbish removal | $2,151.00 | Rubbish removal | |
| Repairs | $432.41 | Repairs | |
| Heat Pump Remote | $53.34 | Heat Pump Remote | |
| Net award | $6,952.33 | ||
| Total payable by Tenant to Landlord | $6,952.33 |
Claims and awards for application 5452948 — net $6,952.33 NZD. Verify on MoJ.
Rent arrears to 13/01/2026
- Amount
- $3,518.57
- Awarded to
- Landlord
- Reason
- Rent arrears to 13/01/2026
Cleaning
- Amount
- $797.01
- Awarded to
- Landlord
- Reason
- Cleaning
Rubbish removal
- Amount
- $2,151.00
- Awarded to
- Landlord
- Reason
- Rubbish removal
Repairs
- Amount
- $432.41
- Awarded to
- Landlord
- Reason
- Repairs
Heat Pump Remote
- Amount
- $53.34
- Awarded to
- Landlord
- Reason
- Heat Pump Remote
Net award
Landlord $6,952.33
Total payable by Tenant to Landlord
Landlord $6,952.33
Claim types — money lines allowed on this order
Order
- KELEPI WAQABACA SALUSALU and Susana Matei Talofisi Tukia must pay Kāinga Ora–Homes And Communities $6,952.33 immediately, calculated as shown in table below.
Reasons
- The applicant attended the hearing. The respondent did not attend.
- The applicant states that the tenancy ended on 13 January 2026 by way of tenant notice. The applicant seeks rent arrears of $3,518.57 to that date, together with the following additional amounts: a) $797.01 for cleaning; b) $2,151.00 for rubbish removal; c) $200.80 for wall repairs; d) $32.49 to rehang a cabinet door; e) $53.34 to replace a missing heat pump remote; and f) $199.12 to reglaze a broken window.
Is the respondent liable for the rent arrears?
- The applicant has produced rent records showing the amounts owing to the end of the tenancy. I am satisfied that those records are accurate.
- The rent arrears are awarded.
Is the respondent liable for the cleaning and rubbish removal costs?
- I have reviewed the end-of-tenancy inspection photographs. Those photographs show that the property was left well short of the reasonably clean and tidy standard required of a tenant at the conclusion of a tenancy under section 40(1)(e)(iii) of the Residential Tenancies Act 1986. The photographs also show that a substantial amount of rubbish was left at the property.
- I am therefore satisfied that the cleaning and rubbish removal costs were reasonably incurred as a result of the tenant’s breach of their obligations under the tenancy. The amounts claimed are accordingly awarded.
Are the damage repair costs the liability of the respondent?
- I have reviewed the end-of-tenancy inspection photographs and am satisfied that damage occurred to the walls, the cabinet door, and the timber window during the tenancy.
- Under section 40(2)(a) of the Residential Tenancies Act 1986, a tenant must not intentionally or carelessly damage the premises. Where damage is established to have occurred during the tenancy, section 49B(8)(b)(i) places the onus on the tenant to prove that the damage was neither careless nor intentional.
- The respondent did not attend the hearing and has therefore provided no evidence to discharge that onus. I am accordingly satisfied that the respondent is liable for the repair costs claimed. Those amounts are awarded.
Is the respondent liable for the heat pump remote replacement cost?
- The applicant states that the heat pump remote was missing at the end of the tenancy. On the balance of probabilities, I am satisfied that the remote was lost during the tenancy and that the respondent is responsible for its replacement. The replacement cost is therefore awarded.
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(8)
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 5452948?
The tribunal order states: KELEPI WAQABACA SALUSALU and Susana Matei Talofisi Tukia must pay
How much money was awarded in case 5452948?
Cleaning: $797.01 awarded to landlord; Heat Pump Remote: $53.34 awarded to landlord; Property Damage: $432.41 awarded to landlord; Rent Arrears: $3,518.57 awarded to landlord; Rubbish Removal: $2,151.00 awarded to landlord
What type of tenancy dispute was case 5452948?
The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.
Where can I read the official tribunal order for case 5452948?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13585230-Tenancy_Tribunal_Order.pdf.