What was the outcome of Tenancy Tribunal case 4545350?

The tribunal order states: Scott Morrison must pay Julie-Ann Joyce Mayne $1,394.95 by 17 January

How much money was awarded in case 4545350?

Filing Fee: $20.44 awarded to landlord; Property Damage: $724.51 awarded to landlord; Rent Owed: $3,250.00 awarded to landlord

What type of tenancy dispute was case 4545350?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4545350?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9771230-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4545350?

The tribunal order states: Scott Morrison must pay Julie-Ann Joyce Mayne $1,394.95 by 17 January

How much money was awarded in case 4545350?

Filing Fee: $20.44 awarded to landlord; Property Damage: $724.51 awarded to landlord; Rent Owed: $3,250.00 awarded to landlord

What type of tenancy dispute was case 4545350?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4545350?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9771230-Tribunal_Order.pdf.

36 Weka Street, Mangawhai 0505 Tenancy Tribunal Case 4545350 — Property damage

Claims and awards in Tenancy Tribunal application 4545350 — net $1,394.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owed to 5 May 2023	$3,250.00	Rent owed to 5 May 2023
Repairs	$724.51	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,394.95
Total payable by Tenant to Landlord	$1,394.95

Order

Scott Morrison must pay Julie-Ann Joyce Mayne $1,394.95 by 17 January 2024, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2600.00 (6399080-002) to Julie-Ann Joyce Mayne immediately.
If the tenant fails to make the payment in order 1 within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court. DescriptionLandlord Rent owed to 5 May 2023$3,250.00 Repairs$724.51 Filing fee reimbursement$20.44 Total award$3,994.95 Minus Bond$2,600.00 Total payable by Tenant to Landlord$1,394.95

Reasons

Both parties attended the hearing which took place by teleconference.
The landlord applied for rent and compensation for damage following the end of the tenancy and reimbursement of the filing fee.
The tenant agreed with the damages claim in the sum of $724.51 and this amount is ordered accordingly.
This matter was part heard on 12 June 2023 and adjourned for the landlord to file further evidence in respect of the rent claim.
This matter has had a number of adjournments since June 2023 for various reasons.
The tenant, Scott Morrison, answered the phone today and advised that he was sick with covid. He stated that he did not want another adjournment but sought that the application be dealt with on the papers. I agreed to this and indicated that from my reading of the papers in preparation for today’s hearing the landlord would be ordered to pay the rent to the end of the tenancy. The tenant did not dispute this.
The Tribunal made an order on 12 June 2023 adjourning the hearing and directing that “If either party intends to produce any additional documents at the next hearing, they must email them to the tribunal at remote.tenancy@justice.govt.nz and email a copy to the other party at least 7 days before the next hearing.”
The order stated the following by way of reasons which are incorporated here: “2.The landlord has applied for compensation for damage in the sum of $724.51 and payment of five weeks rent.
The tenant agrees to the payment of the $724.51 but disputes the landlord claim for rent.
The parties entered in to a one-year fixed term tenancy to end on 19 May 2023.
On 7 March 2023 the tenant notified the landlord that he no longer required the premises and would be moving on shortly. He stated in the email “I’m aware the 12 month term is not yet complete, so would you like me to find another tenant to take over – or would you rather find them yourself?” The landlord asked if the tenant had anyone in mind and he replied that he did not. The landlord agreed to advertise the premises. The tenant vacated the premises on 24 March 2023.
The landlord is seeking rent until a new tenancy commenced on 5 May 2023.
The provision in the Residential Tenancies Act 1986 for a tenant ending a fixed term tenancy early is by way of an application to the Tribunal. This was not done. Where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) Residential Tenancies Act 1986.
Alternatively, some tenancy agreements contain a clause providing for landlords and tenants to reach agreement regarding the early end of a fixed term tenancy on terms recorded in the agreement. The landlord advised that there was no such term in this tenancy agreement.
A tenant may not assign the tenancy without the prior written consent of the landlord. The landlord may not unreasonably withhold consent. See s. 43B Residential Tenancies Act 1986. In this case no specific request for assignment was made by the tenant.
The tenant claims that he should not be liable for further rent as the landlord chose to market the premises and is therefore responsible for any delay in finding a new tenant.
The hearing is adjourned for the landlord to file further evidence as follows: (a) Evidence of when the property was advertised and the work done by the agent to find replacement tenants (b) Evidence of when a new tenancy commenced (c) A rent summary proving the amount of rent being claimed (d) Any other evidence in support of the claim
The tenant may file any further evidence in support of his response.”
The landlord filed further evidence on 23 June 2023.
The tenant has not filed any further evidence in response.
The further evidence filed by the landlord includes: (a) Copies of communication from Harcourts Mangawhai advising the property was listed for rent on 10 March 2023, detailing the interest in the property and advising that the market was slow at that time. A new tenant was found on 6 April 2023 and after giving notice at their existing property the replacement tenancy commenced on 5 May 2023. (b) A copy of a new tenancy agreement recording a new tenancy commencing on 5 May 2023. (c) A copy of the landlord’s bank statement and a summary seeking six weeks rent to 5 May 2023.
The tenant was contracted for a fixed term tenancy until 19 May 2023. Having considered the evidence provided I am satisfied that the landlord took all reasonable steps to limit the loss caused by the tenant’s breach. See section 49 of the Residential Tenancies Act 1986. The tenant took no steps to find a replacement tenant. The landlord was proactive in contacting an agent and having the property listed for rent three days after the tenant notified her that he would be breaking the fixed term contract. The communication with the agent indicates that she was working with them to assist finding a suitable replacement tenant as soon as possible.
At the hearing the landlord agreed to five weeks rent being ordered in the sum of $3250.00 as sought in her application. Therefore, the tenant is ordered to pay the sum of $3250.00.
Because Julie-Ann Joyce Mayne has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4545350 — net $1,394.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owed to 5 May 2023	$3,250.00	Rent owed to 5 May 2023
Repairs	$724.51	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,394.95
Total payable by Tenant to Landlord	$1,394.95

Order

Scott Morrison must pay Julie-Ann Joyce Mayne $1,394.95 by 17 January 2024, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2600.00 (6399080-002) to Julie-Ann Joyce Mayne immediately.
If the tenant fails to make the payment in order 1 within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court. DescriptionLandlord Rent owed to 5 May 2023$3,250.00 Repairs$724.51 Filing fee reimbursement$20.44 Total award$3,994.95 Minus Bond$2,600.00 Total payable by Tenant to Landlord$1,394.95

Reasons

Both parties attended the hearing which took place by teleconference.
The landlord applied for rent and compensation for damage following the end of the tenancy and reimbursement of the filing fee.
The tenant agreed with the damages claim in the sum of $724.51 and this amount is ordered accordingly.
This matter was part heard on 12 June 2023 and adjourned for the landlord to file further evidence in respect of the rent claim.
This matter has had a number of adjournments since June 2023 for various reasons.
The tenant, Scott Morrison, answered the phone today and advised that he was sick with covid. He stated that he did not want another adjournment but sought that the application be dealt with on the papers. I agreed to this and indicated that from my reading of the papers in preparation for today’s hearing the landlord would be ordered to pay the rent to the end of the tenancy. The tenant did not dispute this.
The Tribunal made an order on 12 June 2023 adjourning the hearing and directing that “If either party intends to produce any additional documents at the next hearing, they must email them to the tribunal at remote.tenancy@justice.govt.nz and email a copy to the other party at least 7 days before the next hearing.”
The order stated the following by way of reasons which are incorporated here: “2.The landlord has applied for compensation for damage in the sum of $724.51 and payment of five weeks rent.
The tenant agrees to the payment of the $724.51 but disputes the landlord claim for rent.
The parties entered in to a one-year fixed term tenancy to end on 19 May 2023.
On 7 March 2023 the tenant notified the landlord that he no longer required the premises and would be moving on shortly. He stated in the email “I’m aware the 12 month term is not yet complete, so would you like me to find another tenant to take over – or would you rather find them yourself?” The landlord asked if the tenant had anyone in mind and he replied that he did not. The landlord agreed to advertise the premises. The tenant vacated the premises on 24 March 2023.
The landlord is seeking rent until a new tenancy commenced on 5 May 2023.
The provision in the Residential Tenancies Act 1986 for a tenant ending a fixed term tenancy early is by way of an application to the Tribunal. This was not done. Where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) Residential Tenancies Act 1986.
Alternatively, some tenancy agreements contain a clause providing for landlords and tenants to reach agreement regarding the early end of a fixed term tenancy on terms recorded in the agreement. The landlord advised that there was no such term in this tenancy agreement.
A tenant may not assign the tenancy without the prior written consent of the landlord. The landlord may not unreasonably withhold consent. See s. 43B Residential Tenancies Act 1986. In this case no specific request for assignment was made by the tenant.
The tenant claims that he should not be liable for further rent as the landlord chose to market the premises and is therefore responsible for any delay in finding a new tenant.
The hearing is adjourned for the landlord to file further evidence as follows: (a) Evidence of when the property was advertised and the work done by the agent to find replacement tenants (b) Evidence of when a new tenancy commenced (c) A rent summary proving the amount of rent being claimed (d) Any other evidence in support of the claim
The tenant may file any further evidence in support of his response.”
The landlord filed further evidence on 23 June 2023.
The tenant has not filed any further evidence in response.
The further evidence filed by the landlord includes: (a) Copies of communication from Harcourts Mangawhai advising the property was listed for rent on 10 March 2023, detailing the interest in the property and advising that the market was slow at that time. A new tenant was found on 6 April 2023 and after giving notice at their existing property the replacement tenancy commenced on 5 May 2023. (b) A copy of a new tenancy agreement recording a new tenancy commencing on 5 May 2023. (c) A copy of the landlord’s bank statement and a summary seeking six weeks rent to 5 May 2023.
The tenant was contracted for a fixed term tenancy until 19 May 2023. Having considered the evidence provided I am satisfied that the landlord took all reasonable steps to limit the loss caused by the tenant’s breach. See section 49 of the Residential Tenancies Act 1986. The tenant took no steps to find a replacement tenant. The landlord was proactive in contacting an agent and having the property listed for rent three days after the tenant notified her that he would be breaking the fixed term contract. The communication with the agent indicates that she was working with them to assist finding a suitable replacement tenant as soon as possible.
At the hearing the landlord agreed to five weeks rent being ordered in the sum of $3250.00 as sought in her application. Therefore, the tenant is ordered to pay the sum of $3250.00.
Because Julie-Ann Joyce Mayne has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4545350 — Property damage at 36 Weka Street, Mangawhai 0505

At a glance

Tenancy Tribunal case 4545350 — Property damage at 36 Weka Street, Mangawhai 0505

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions