What was the outcome of Tenancy Tribunal case 5163652?

The tribunal order states: The tenancy of Eden-Rose Pere at Unit 315, 69 Hall Avenue, Māngere,

How much money was awarded in case 5163652?

Filing Fee: $27.00 awarded to landlord; Property Damage: $99.60 awarded to landlord; Rent Owing To 24/03/2025: $3,714.29 awarded to landlord

What type of tenancy dispute was case 5163652?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5163652?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11618540-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5163652?

The tribunal order states: The tenancy of Eden-Rose Pere at Unit 315, 69 Hall Avenue, Māngere,

How much money was awarded in case 5163652?

Filing Fee: $27.00 awarded to landlord; Property Damage: $99.60 awarded to landlord; Rent Owing To 24/03/2025: $3,714.29 awarded to landlord

What type of tenancy dispute was case 5163652?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5163652?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11618540-Tenancy_Tribunal_Order.pdf.

Unit 315, 69 Hall Avenue, Māngere, Auckland 2022 Tenancy Tribunal Case 5163652 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5163652 — net $1,760.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owing to 24/03/2025	$3,714.29	Rent owing to 24/03/2025
Damaged TV	$99.60	Damaged TV
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,760.89
Total payable by Tenant to Landlord	$1,760.89

The tenancy of Eden-Rose Pere at Unit 315, 69 Hall Avenue, Māngere, Auckland 2022 is terminated, and possession is granted to Wolfbrook Property Management Limited As Agent For Juliana Raiha Marle Hutley T/A Jj Whanau 2Gether Ltd, at 2:00pm on Monday 24 March 2025.

The Bond Centre is to pay the bond of $2,080.00 (BN-00006337) to Wolfbrook Property Management Limited As Agent For Juliana Raiha Marle Hutley T/A Jj Whanau 2Gether Ltd immediately.

Eden-Rose Pere must pay Wolfbrook Property Management Limited As Agent For Juliana Raiha Marle Hutley T/A Jj Whanau 2Gether Ltd $1,760.89 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing by video link today. I telephoned the tenant however the phone went to voicemail. I continued the hearing as the tenant has been emailed notice of the hearing date and time to the address for service.

The landlord first applied for termination of the tenancy on the grounds of rent arrears (12 February 2025) and later notified the Tribunal it wished to amend this (13 March 2025) to being on the grounds of abandonment.

Should the tenancy be terminated?

Where a landlord applies to terminate for rent arrears, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.

Rent is at least 21 days in arrears at the hearing date and the tenant did not attend the hearing. These reasons alone mean that the tenancy must be terminated, and I make that order effective today.

The landlord had sought to amend its application to one of abandonment however I declined to do so. There is District Court authority that tenants do not abandon properties when they leave in accordance with the landlord's wishes; see Wright v Morton DC Dunedin, TT 363/96, 19 August 1996. This includes situations (like this one) where a tenant leaves after being notified the landlord has applied to the Tribunal to terminate the tenancy.

The landlord reports that the tenant was still living at the property in late February (they discussed the rent arrears while the landlord was visiting the property). It was only after the landlord’s inspection on 12 March 2025 that it became aware the tenant may have vacated.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy is $3,714.29.

The landlord has also supplied photographs showing the TV provided with the unit has been damaged: the screen is broken in numerous places.

I accept the TV cannot be repaired and that the damage happened during the tenancy. The tenant is liable to pay compensation. See s49B RTA.

The TV is about 5 years old. The IRD depreciation schedule for tenancy chattels estimates that a television may only have an economic life of 5 years. This means it would not be fair to require the tenant to pay the full cost of a replacement TV as the landlord may have had to replace in the near future anyway. My assessment is that it is fair the tenant contributes 20% of the replacement cost which is $99.60. The landlord provided an advertised price for this model of TV which is $498.00.

I award the filing fee and refund the bond to the landlord.

The balance is payable by the tenant, and she is invited to contact the landlord to collect her personal items and to arrange a repayment plan as this will avoid collection costs.

No suppression orders apply.

Claims and awards in Tenancy Tribunal application 5163652 — net $1,760.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owing to 24/03/2025	$3,714.29	Rent owing to 24/03/2025
Damaged TV	$99.60	Damaged TV
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,760.89
Total payable by Tenant to Landlord	$1,760.89

Order

The tenancy of Eden-Rose Pere at Unit 315, 69 Hall Avenue, Māngere, Auckland 2022 is terminated, and possession is granted to Wolfbrook Property Management Limited As Agent For Juliana Raiha Marle Hutley T/A Jj Whanau 2Gether Ltd, at 2:00pm on Monday 24 March 2025.
The Bond Centre is to pay the bond of $2,080.00 (BN-00006337) to Wolfbrook Property Management Limited As Agent For Juliana Raiha Marle Hutley T/A Jj Whanau 2Gether Ltd immediately.
Eden-Rose Pere must pay Wolfbrook Property Management Limited As Agent For Juliana Raiha Marle Hutley T/A Jj Whanau 2Gether Ltd $1,760.89 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing by video link today. I telephoned the tenant however the phone went to voicemail. I continued the hearing as the tenant has been emailed notice of the hearing date and time to the address for service.
The landlord first applied for termination of the tenancy on the grounds of rent arrears (12 February 2025) and later notified the Tribunal it wished to amend this (13 March 2025) to being on the grounds of abandonment.

Should the tenancy be terminated?

Where a landlord applies to terminate for rent arrears, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
Rent is at least 21 days in arrears at the hearing date and the tenant did not attend the hearing. These reasons alone mean that the tenancy must be terminated, and I make that order effective today.
The landlord had sought to amend its application to one of abandonment however I declined to do so. There is District Court authority that tenants do not abandon properties when they leave in accordance with the landlord's wishes; see Wright v Morton DC Dunedin, TT 363/96, 19 August 1996. This includes situations (like this one) where a tenant leaves after being notified the landlord has applied to the Tribunal to terminate the tenancy.
The landlord reports that the tenant was still living at the property in late February (they discussed the rent arrears while the landlord was visiting the property). It was only after the landlord’s inspection on 12 March 2025 that it became aware the tenant may have vacated.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy is $3,714.29.
The landlord has also supplied photographs showing the TV provided with the unit has been damaged: the screen is broken in numerous places.
I accept the TV cannot be repaired and that the damage happened during the tenancy. The tenant is liable to pay compensation. See s49B RTA.
The TV is about 5 years old. The IRD depreciation schedule for tenancy chattels estimates that a television may only have an economic life of 5 years. This means it would not be fair to require the tenant to pay the full cost of a replacement TV as the landlord may have had to replace in the near future anyway. My assessment is that it is fair the tenant contributes 20% of the replacement cost which is $99.60. The landlord provided an advertised price for this model of TV which is $498.00.
I award the filing fee and refund the bond to the landlord.
The balance is payable by the tenant, and she is invited to contact the landlord to collect her personal items and to arrange a repayment plan as this will avoid collection costs.
No suppression orders apply.

Tenancy Tribunal case 5163652 — Property damage at Unit 315, 69 Hall Avenue, Māngere, Auckland 2022

At a glance

Tenancy Tribunal case 5163652 — Property damage at Unit 315, 69 Hall Avenue, Māngere, Auckland 2022

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions