What was the outcome of Tenancy Tribunal case 5081075?

The tribunal order states: The tenancy of Emma Leigh Lofthouse at Unit/Flat 1, 63 Kamo Road, Regent,

How much money was awarded in case 5081075?

Filing Fee: $27.00 awarded to landlord; Property Damage: $407.00 awarded to landlord; Rent Arrears: $2,950.00 awarded to landlord; Holes In Walls: $300.00 awarded to landlord; Rubbish Removal: $55.00 awarded to landlord; Smoke Alarms: $40.00 awarded to landlord

What type of tenancy dispute was case 5081075?

The primary dispute was Rent arrears. Related themes: Property damage, Smoke alarms.

Where can I read the official tribunal order for case 5081075?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11207064-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5081075?

The tribunal order states: The tenancy of Emma Leigh Lofthouse at Unit/Flat 1, 63 Kamo Road, Regent,

How much money was awarded in case 5081075?

Filing Fee: $27.00 awarded to landlord; Property Damage: $407.00 awarded to landlord; Rent Arrears: $2,950.00 awarded to landlord; Holes In Walls: $300.00 awarded to landlord; Rubbish Removal: $55.00 awarded to landlord; Smoke Alarms: $40.00 awarded to landlord

What type of tenancy dispute was case 5081075?

The primary dispute was Rent arrears. Related themes: Property damage, Smoke alarms.

Where can I read the official tribunal order for case 5081075?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11207064-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 63 Kamo Road, Regent, Whangarei 0112 Tenancy Tribunal Case 5081075 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Unit/Flat 1, 63 Kamo Road, Regent, Whangarei 0112 Tenancy Tribunal Case 5081075 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5081075 — net $1,979.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 December 2024	$2,950.00	Rent arrears to 13 December 2024
Repairs: holes in walls	$300.00	Repairs: holes in walls
Repair of door glass	$407.00	Repair of door glass
Rubbish removal	$55.00	Rubbish removal
Replace smoke alarms	$40.00	Replace smoke alarms
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,979.00
Total payable by Tenant to Landlord	$1,979.00

Claims and awards for application 5081075 — net $1,979.00 NZD. Verify on MoJ.

Rent arrears to 13 December 2024

Amount: $2,950.00
Awarded to: Landlord
Reason: Rent arrears to 13 December 2024

Repairs: holes in walls

Amount: $300.00
Awarded to: Landlord
Reason: Repairs: holes in walls

Repair of door glass

Amount: $407.00
Awarded to: Landlord
Reason: Repair of door glass

Rubbish removal

Amount: $55.00
Awarded to: Landlord
Reason: Rubbish removal

Replace smoke alarms

Amount: $40.00
Awarded to: Landlord
Reason: Replace smoke alarms

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

The tenancy of Emma Leigh Lofthouse at Unit/Flat 1, 63 Kamo Road, Regent, Whangarei 0112 is terminated, and possession is granted to Matthew Ian Macdonald and Kristy Ann Macdonald, immediately.
Emma Leigh Lofthouse must pay Matthew Ian Macdonald and Kristy Ann Macdonald $1,979.00 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,800.00 (6057935-029) to Matthew Ian Macdonald and Kristy Ann Macdonald immediately.

Reasons

The landlords attended the hearing which was held by teleconference. The tenant was unable to be contacted on the number specified in the Notice of Hearing, which was duly served.
The landlords have applied for termination of the tenancy for abandonment, rent arrears, compensation and refund of the bond.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
On 28 November, after being notified by a neighbour of the premises that the tenant had vacated, the landlords gave a notice of inspection and visited the premises on 28 November 2024. Photographs taken at that visit satisfy me that the tenant had left the premises, without prior notice to the landlords. The rent was in arrears.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

The landlords provided rent records which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

The photographic evidence provided by the landlords shows that for the most part the premises were left reasonably clean and tidy.
The landlords became aware that the tenant had left a quantity of rubbish in the neighbour’s carport, which they collected and disposed of. They claim reimbursement of the dump fee, which is reasonable.
Two smoke alarms had been removed and the landlord is entitled to be reimbursed the replacement cost.
The photographs also show 2 of 3 glass panels in the door were broken. I am satisfied that they broken during the tenancy and the landlords should be compensated for the repair cost, which is proved by a quote provided. The amount claimed as compensation is 2/3 of that quote as the 3 rd panel was already broken and boarded over.
Holes and dents were left in a doors and walls in the premises. The landlords claim compensation of $300.00 for repair of that damage, which they will do themselves. I am satisfied that the damage occurred during the tenant, is more than fair wear and tear and that the compensation claimed is reasonable.
Because Matthew Ian Macdonald and Kristy Ann Macdonald have succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5081075 — net $1,979.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 December 2024	$2,950.00	Rent arrears to 13 December 2024
Repairs: holes in walls	$300.00	Repairs: holes in walls
Repair of door glass	$407.00	Repair of door glass
Rubbish removal	$55.00	Rubbish removal
Replace smoke alarms	$40.00	Replace smoke alarms
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,979.00
Total payable by Tenant to Landlord	$1,979.00

Claims and awards for application 5081075 — net $1,979.00 NZD. Verify on MoJ.

Rent arrears to 13 December 2024

Amount: $2,950.00
Awarded to: Landlord
Reason: Rent arrears to 13 December 2024

Repairs: holes in walls

Amount: $300.00
Awarded to: Landlord
Reason: Repairs: holes in walls

Repair of door glass

Amount: $407.00
Awarded to: Landlord
Reason: Repair of door glass

Rubbish removal

Amount: $55.00
Awarded to: Landlord
Reason: Rubbish removal

Replace smoke alarms

Amount: $40.00
Awarded to: Landlord
Reason: Replace smoke alarms

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

The tenancy of Emma Leigh Lofthouse at Unit/Flat 1, 63 Kamo Road, Regent, Whangarei 0112 is terminated, and possession is granted to Matthew Ian Macdonald and Kristy Ann Macdonald, immediately.
Emma Leigh Lofthouse must pay Matthew Ian Macdonald and Kristy Ann Macdonald $1,979.00 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,800.00 (6057935-029) to Matthew Ian Macdonald and Kristy Ann Macdonald immediately.

Reasons

The landlords attended the hearing which was held by teleconference. The tenant was unable to be contacted on the number specified in the Notice of Hearing, which was duly served.
The landlords have applied for termination of the tenancy for abandonment, rent arrears, compensation and refund of the bond.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
On 28 November, after being notified by a neighbour of the premises that the tenant had vacated, the landlords gave a notice of inspection and visited the premises on 28 November 2024. Photographs taken at that visit satisfy me that the tenant had left the premises, without prior notice to the landlords. The rent was in arrears.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

The landlords provided rent records which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

The photographic evidence provided by the landlords shows that for the most part the premises were left reasonably clean and tidy.
The landlords became aware that the tenant had left a quantity of rubbish in the neighbour’s carport, which they collected and disposed of. They claim reimbursement of the dump fee, which is reasonable.
Two smoke alarms had been removed and the landlord is entitled to be reimbursed the replacement cost.
The photographs also show 2 of 3 glass panels in the door were broken. I am satisfied that they broken during the tenancy and the landlords should be compensated for the repair cost, which is proved by a quote provided. The amount claimed as compensation is 2/3 of that quote as the 3 rd panel was already broken and boarded over.
Holes and dents were left in a doors and walls in the premises. The landlords claim compensation of $300.00 for repair of that damage, which they will do themselves. I am satisfied that the damage occurred during the tenant, is more than fair wear and tear and that the compensation claimed is reasonable.
Because Matthew Ian Macdonald and Kristy Ann Macdonald have succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5081075 — Rent arrears at Unit/Flat 1, 63 Kamo Road, Regent, Whangarei 0112

At a glance

Tenancy Tribunal case 5081075 — Rent arrears at Unit/Flat 1, 63 Kamo Road, Regent, Whangarei 0112

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions