Tenantcheck Insights · Case study
Tenancy Tribunal case 5514370 — Rent arrears at 44 Thornbury Crescent, East Tamaki Heights, Auckland
Decided 12 June 2026 · Published 12 June 2026 · Application 5514370
Dismissed
- Rent arrears
- Healthy homes
At a glance
Key facts from the published tribunal order.
Outcome
Dismissed
From published order
Location
Auckland
Tribunal region
Adjudicator
N Walker
Dispute themes
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Category | Amount | Awarded to | Reason |
|---|
Claim types — money lines allowed on this order
Order
- The applications are dismissed.
- The Tribunal declares that the premises are unlawful residential premises. Section 78A Residential Tenancies Act 1986 (“RTA”).
Reasons
- The landlord attended the hearing held on 12 June 2026. The tenant did not attend the hearing.
- The tenancy began on 14 February 2026 and ended on 18 March 2026. There was no tenancy agreement. The weekly rent was $550.00 and a bond of $1,100.00 was paid.
- The tenant applied for refund of bond, a claim in relation to the Healthy Homes Standards and compensation.
- The landlord applied for rent arrears and compensation due to damage to the carpet. Tenant application
- The landlord advised that the bond money was refunded to the tenant on the day that she vacated the tenancy.
- The tenant did not attend the hearing at the scheduled time, request an adjournment, or notify the Tribunal the matter has settled. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986.
- The tenant’s application is dismissed. Landlord application
- The landlord advised that the tenancy was a downstairs bedroom with a bathroom. He said that the weekly rent included power, water, gas and internet.
- The lounge and kitchen area for the tenant is the internal garage. The front of the garage is the garage door. Along one wall of the garage is a kitchen area with a sink, bench, stovetop and rangehood. There was no evidence of any heating in the lounge area.
- The door between the tenant’s area and the rest of the house occupied by the landlord and his family is separated by a locked door. The tenant had access to her area by a door located on the side of the garage.
- The Tribunal may declare premises to be unlawful residential premises. See section 77(2)(ac) Residential Tenancies Act 1986. Residential premises are unlawful if they cannot be lawfully occupied for residential purposes, and the landlord has caused or contributed to the unlawful occupation by failing to comply with sections 36 or 45(1)(c) RTA. See section 78A(2) RTA.
- Where the Tribunal declares the residential premises to be unlawful, it must not make an order for rent arrears or compensation against the tenant unless, having regard to the special circumstances of the case, it would be unjust not to make the order. The Tribunal may order the return of all rent paid by the tenant, although it may deduct an amount from that sum if, in the special circumstances of the case, it would be fair to do so. The Tribunal may also make a work order requiring the landlord to remove any impediment to lawful occupation or to comply with any building, health or safety requirements. The Tribunal may make any of these orders on its own initiative, even if the tenant has not applied for a particular order. See sections 78A(3)(a), (4) and (5) RTA.
- If the landlord has applied for termination for rent arrears, and the Tribunal declares the residential tenancy to be unlawful, the Tribunal may order termination, but it is not required to do so. See section 78A(3)(b) RTA.
- The landlord produced photographs of the premises including the garage area used by the tenant as a lounge and kitchen.
- On the evidence produced I am satisfied that this is an unlawful residential premise. The landlord’s claim for rent arrears is dismissed.
- The landlord had applied for compensation due to damage to the carpet and ceiling. The landlord did not produce photographs from the beginning of the tenancy, so I am unable to determine that this damage was caused by the tenant. The landlord also did not produce an invoice for the repairs so there is no evidence of loss. The landlord’s claim for compensation due to damage is dismissed.
- As neither party has been successful with their application I make no award for reimbursement of the filing fee. For the same reason I make no order for suppression as sought.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s36, s77(2), s78(1), s78A, s78A(2), s78A(3)
Key findings
- Dispute theme: rent arrears
- Dispute theme: healthy homes
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5514370?
The tribunal order states: The applications are dismissed.
How much money was awarded in case 5514370?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5514370?
The primary dispute was Rent arrears. Related themes: Healthy homes.
Where can I read the official tribunal order for case 5514370?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13742761-Tenancy_Tribunal_Order.pdf.