What was the outcome of Tenancy Tribunal case 5196112?

The tribunal order states: Sally Pirioa Harmony Ringia and Jayden James McCormick must pay Elrich

How much money was awarded in case 5196112?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5196112?

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

Where can I read the official tribunal order for case 5196112?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11970241-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5196112?

The tribunal order states: Sally Pirioa Harmony Ringia and Jayden James McCormick must pay Elrich

How much money was awarded in case 5196112?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5196112?

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

Where can I read the official tribunal order for case 5196112?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11970241-Tenancy_Tribunal_Order.pdf.

314B Flaxmere Avenue, Flaxmere, Hastings 4120 Tenancy Tribunal Case 5196112 — Rent arrears

Order

Sally Pirioa Harmony Ringia and Jayden James McCormick must pay Elrich Investments Limited $2,935.66 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,340.00 (3512782-017) to Elrich Investments Limited immediately.

Reasons

The landlord attended the hearing through its director Mr Spiller. The tenants did not attend and 2 calls made to each of the numbers specified in the Notice of Hearing went to answerphone. The Notice of Hearing was duly served.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The parties entered into a fixed term tenancy for a term from 8 June 2024 to 7 June 2025.
On 10 December 2024 the tenants advised the landlord, “We’re planning on giving house up and will be out by next week, we have another tenant to take over from us if that’s fine she can pay bond and move in when ready. Reliable ,mother can pay rent on time...”
The landlord replied to say that it would need to consent to any assignment and requesting details of the proposed new tenant.
Those details were not provided by the tenants who advised the landlord that “Monday 3pm is when we move out.”
The tenants then confirmed, “As I said on the phone call previously today, Jayden and I have vacated the premises at 314B Flaxmere Ave on the 16/12/2024.”
The landlord then began looking for alternative tenants. New tenants were found and the new tenancy started on 27 January 2025.
The landlord has provided rent records which prove that rent for this tenancy ws paid to 13 December 2024. The landlord claims rent for the period 14 December 2024 to 26 January 2025.
Section 43B RTA provides that, “ A tenant may, at any time during the tenancy, assign the tenancy— (a) with the prior written consent of the landlord; and (b) in accordance with any reasonable conditions attached to that consent by the landlord.” “If a tenant makes a written request for the landlord’s consent to an assignment and the request identifies, and includes contact details for, the proposed assignee, the landlord must respond in writing to the request within a reasonable period of time.”
Here, the tenants did not provide the landlord with the necessary details of the person they suggested to take over the tenancy.
The landlord still had an obligation under s.49 RTA, to, “...take all reasonable steps to limit the damage or loss arising from that breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract.”
The ;landlord met that obligation. It promptly listed the premises as available for rent. The listing rent was less than the rent for this tenancy to encourage new tenants and a new tenancy was established reasonably soon.
The landlord having met ins obligation to reasonably mitigate the consequences of the tenants breaching the fixed term agreement, the landlord is entitled to continue receiving the rent due under the tenancy until the new tenancy started.
The landlord is entitled to be compensated for the listing fees to find new tenants.

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

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord arranged for Mr Spiller’s father to visit the premises when told that the tenants had vacated. The premises were found insecure and with a broken window which the landlord arranged to have boarded up to provide temporary security.
The keys were not returned and the tenants did not remove all rubbish.
The landlord is entitled to be reimbursed the locksmith’s charges which are proved by the invoice provided, as are the dump fees and the materials cost for the temporary boarding up.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Mr Spiller’s evidence and the end of tenancy photographs provided prove that there was significant damage to the premises that needed repair, as well as the cleaning and rubbish removal.
Mr Spiller’s evidence is that a week was spent at the property attending to that work. During which time, because he and his wife live in Paremata, they stayed in Air BnB accommodation.
I have declined the claim for compensation for travel and accommodation costs. It is not the tenant’s responsibility that the landlord’s is based some distance from the premises. Some compensation is however reasonable to recognise the time and effort required by the landlord’s directors to remedy the tenants’ breaches. I assess 30 hours x $30.00 per hour as reasonable.
The landlord is entitled to be compensated for the materials costs for repair and cleaning work, which are proved by the receipts provided.
Because Elrich Investments Limited has succeeded with the claim I must reimburse the filing fee.

Order

Sally Pirioa Harmony Ringia and Jayden James McCormick must pay Elrich Investments Limited $2,935.66 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,340.00 (3512782-017) to Elrich Investments Limited immediately.

Reasons

The landlord attended the hearing through its director Mr Spiller. The tenants did not attend and 2 calls made to each of the numbers specified in the Notice of Hearing went to answerphone. The Notice of Hearing was duly served.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The parties entered into a fixed term tenancy for a term from 8 June 2024 to 7 June 2025.
On 10 December 2024 the tenants advised the landlord, “We’re planning on giving house up and will be out by next week, we have another tenant to take over from us if that’s fine she can pay bond and move in when ready. Reliable ,mother can pay rent on time...”
The landlord replied to say that it would need to consent to any assignment and requesting details of the proposed new tenant.
Those details were not provided by the tenants who advised the landlord that “Monday 3pm is when we move out.”
The tenants then confirmed, “As I said on the phone call previously today, Jayden and I have vacated the premises at 314B Flaxmere Ave on the 16/12/2024.”
The landlord then began looking for alternative tenants. New tenants were found and the new tenancy started on 27 January 2025.
The landlord has provided rent records which prove that rent for this tenancy ws paid to 13 December 2024. The landlord claims rent for the period 14 December 2024 to 26 January 2025.
Section 43B RTA provides that, “ A tenant may, at any time during the tenancy, assign the tenancy— (a) with the prior written consent of the landlord; and (b) in accordance with any reasonable conditions attached to that consent by the landlord.” “If a tenant makes a written request for the landlord’s consent to an assignment and the request identifies, and includes contact details for, the proposed assignee, the landlord must respond in writing to the request within a reasonable period of time.”
Here, the tenants did not provide the landlord with the necessary details of the person they suggested to take over the tenancy.
The landlord still had an obligation under s.49 RTA, to, “...take all reasonable steps to limit the damage or loss arising from that breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract.”
The ;landlord met that obligation. It promptly listed the premises as available for rent. The listing rent was less than the rent for this tenancy to encourage new tenants and a new tenancy was established reasonably soon.
The landlord having met ins obligation to reasonably mitigate the consequences of the tenants breaching the fixed term agreement, the landlord is entitled to continue receiving the rent due under the tenancy until the new tenancy started.
The landlord is entitled to be compensated for the listing fees to find new tenants.

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

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord arranged for Mr Spiller’s father to visit the premises when told that the tenants had vacated. The premises were found insecure and with a broken window which the landlord arranged to have boarded up to provide temporary security.
The keys were not returned and the tenants did not remove all rubbish.
The landlord is entitled to be reimbursed the locksmith’s charges which are proved by the invoice provided, as are the dump fees and the materials cost for the temporary boarding up.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Mr Spiller’s evidence and the end of tenancy photographs provided prove that there was significant damage to the premises that needed repair, as well as the cleaning and rubbish removal.
Mr Spiller’s evidence is that a week was spent at the property attending to that work. During which time, because he and his wife live in Paremata, they stayed in Air BnB accommodation.
I have declined the claim for compensation for travel and accommodation costs. It is not the tenant’s responsibility that the landlord’s is based some distance from the premises. Some compensation is however reasonable to recognise the time and effort required by the landlord’s directors to remedy the tenants’ breaches. I assess 30 hours x $30.00 per hour as reasonable.
The landlord is entitled to be compensated for the materials costs for repair and cleaning work, which are proved by the receipts provided.
Because Elrich Investments Limited has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5196112 — Rent arrears at 314B Flaxmere Avenue, Flaxmere, Hastings 4120

Tenancy Tribunal case 5196112 — Rent arrears at 314B Flaxmere Avenue, Flaxmere, Hastings 4120

Order

Reasons

How much is owed for rent?

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

Is the tenant responsible for the damage to the premises?

Property management

Order

Reasons

How much is owed for rent?

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

Is the tenant responsible for the damage to the premises?

Property management