What was the outcome of Tenancy Tribunal case 5443011?

The tribunal order states: The tenancy of Brendan Smaling and Carra Cady Edward at 105 McLeod

How much money was awarded in case 5443011?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,725.00 awarded to landlord

What type of tenancy dispute was case 5443011?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5443011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13372601-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5443011?

The tribunal order states: The tenancy of Brendan Smaling and Carra Cady Edward at 105 McLeod

How much money was awarded in case 5443011?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,725.00 awarded to landlord

What type of tenancy dispute was case 5443011?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5443011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13372601-Tenancy_Tribunal_Order.pdf.

105 McLeod Street, Camberley, Hastings 4120 Tenancy Tribunal Case 5443011 — Rent arrears

Claims and awards in Tenancy Tribunal application 5443011 — net $1,753.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 April 2026	$1,725.00	Rent arrears to 2 April 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,753.00
Bond	$1,753.00
Total payable by Tenant to Landlord	$1,753.00

Order

The tenancy of Brendan Smaling and Carra Cady Edward at 105 McLeod Street, Camberley, Hastings 4120 is terminated, and possession is granted to Janet Meryl Jeanes and Kenneth Richard Jeanes immediately.
If Brendan Smaling and Carra Cady Edward pay the $750 rent that falls due on Friday 3 April 2026 and Friday 10 April 2026 on or before those dates, enforcement of this order is stayed until Monday 13 April 2026.
Brendan Smaling and Carra Cady Edward are to pay Janet Meryl Jeanes and Kenneth Richard Jeanes $1,753 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,753.00 (BN-00104307) to Janet Meryl Jeanes and Kenneth Richard Jeanes immediately. The remaining bond is to be held by the Bond Centre.

Reasons

The hearing was conducted by video conference. Both landlords and Ms Edward attended.
The landlords have applied for termination of the tenancy, rent arrears, compensation and payment of the bond.
The application for termination was based on rent arrears but it also referred to substantial damage to the premises during the tenancy. The landlords seek termination on the ground of the substantial damage. Background
This tenancy began in June 2025, and it went along largely happily until 5 February 2026 when there was an incident when Mr Smaling intentionally caused a substantial amount of damage to the premises.
Ms Edward explained that Mr Smaling suffered a serious medical event and due to taking the medication that he was prescribed, his personality changed and that resulted in him losing control and causing the damage.
Ms Edward said that Mr Smaling is no longer living at the premises. The Police arrested him for wilful damage, and she has served a trespass notice on him.
The landlords said that there has been further intentional damage to the premises since the 5 February as well as other damage that is at least careless damage.
The rent has also fallen substantially into arrears. Ms Edward has engaged with MSD and there has been a recent payment from them of $3,000 which has reduced the arrears significantly. The parties agree that arrears to Thursday 2 April are $1,750. MSD has paused any further assistance pending the outcome of the hearing today.
The landlords have estimated that the cost of repairing the damage to the premises will be between $15,000 and $25,000. Ms Edward believes it is likely to be less than that, but she agrees that the damage has been substantial. Both sides agree, for example, that the shower will need to be replaced entirely due to the damage. Discussion and Decision.
If rent arrears had been the sole ground for termination I would have made a condition termination order in this case. Ms Edward has done well to obtain assistance from MSD and the likelihood is that they would have provided further assistance if it meant that she was able to continue living in the premises.
But it is the substantial damage to the premises that is the main issue here. Section 55(1)(b) of the Residential Tenancies Act 1986 (the Act) states that the Tribunal must make a termination order where the tenant has caused substantial damage to the premises. That order can be a conditional order.
The tenants are liable to pay for the repair of the intentional or careless damage to the premises subject to certain limits in the case of careless damage. Ms Edward disputes responsibility for some of the damage but she does not dispute liability for the intentional damage.
She has taken steps to withdraw some of her Kiwi Saver money but that will fall well short of what is required to pay for the repairs. The landlords have insurance, but it does not cover intentional damage by the tenants. Even if it did, the landlords would not be obliged to give the tenants the benefit of that insurance cover.
It follows that a conditional order is not a practical possibility. The extent of the damage has gone beyond that and so the Tribunal is mandated to make an outright termination and possession order.
The landlords also mentioned their concern that if the tenancy continues, there may well be additional damage. I accept that there is some validity to that concern. I also note that there is no guarantee that Mr Smaling will not return to the premises. I would question whether one tenant can trespass another tenant. They are both lawfully entitled to reside in the premises.
I have therefore made an order for immediate termination and possession. The landlords are willing to allow Ms Edward two weeks to vacate the premises and so I have stayed enforcement of the order for two weeks on the condition that the rent for the next two weeks is paid when it falls due. If those payments are made, Ms Edward will have until the end of the day on Monday 13 April to vacate. Rent Arrears
I have awarded the landlords the rent arrears. Filing Fee
The landlords have succeeded and so I have awarded them the filing fee. Bond
Part of the bond will be paid to the landlords to cover the arrears and the filing fee. The remaining bond will stay with the Bond Centre. Compensation Claims
When the landlords have possession of the premises and they have fully assessed the cost of repairs and any other compensation they may be entitled to, they will need to file another application.

Claims and awards in Tenancy Tribunal application 5443011 — net $1,753.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 April 2026	$1,725.00	Rent arrears to 2 April 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,753.00
Bond	$1,753.00
Total payable by Tenant to Landlord	$1,753.00

Order

The tenancy of Brendan Smaling and Carra Cady Edward at 105 McLeod Street, Camberley, Hastings 4120 is terminated, and possession is granted to Janet Meryl Jeanes and Kenneth Richard Jeanes immediately.
If Brendan Smaling and Carra Cady Edward pay the $750 rent that falls due on Friday 3 April 2026 and Friday 10 April 2026 on or before those dates, enforcement of this order is stayed until Monday 13 April 2026.
Brendan Smaling and Carra Cady Edward are to pay Janet Meryl Jeanes and Kenneth Richard Jeanes $1,753 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,753.00 (BN-00104307) to Janet Meryl Jeanes and Kenneth Richard Jeanes immediately. The remaining bond is to be held by the Bond Centre.

Reasons

The hearing was conducted by video conference. Both landlords and Ms Edward attended.
The landlords have applied for termination of the tenancy, rent arrears, compensation and payment of the bond.
The application for termination was based on rent arrears but it also referred to substantial damage to the premises during the tenancy. The landlords seek termination on the ground of the substantial damage. Background
This tenancy began in June 2025, and it went along largely happily until 5 February 2026 when there was an incident when Mr Smaling intentionally caused a substantial amount of damage to the premises.
Ms Edward explained that Mr Smaling suffered a serious medical event and due to taking the medication that he was prescribed, his personality changed and that resulted in him losing control and causing the damage.
Ms Edward said that Mr Smaling is no longer living at the premises. The Police arrested him for wilful damage, and she has served a trespass notice on him.
The landlords said that there has been further intentional damage to the premises since the 5 February as well as other damage that is at least careless damage.
The rent has also fallen substantially into arrears. Ms Edward has engaged with MSD and there has been a recent payment from them of $3,000 which has reduced the arrears significantly. The parties agree that arrears to Thursday 2 April are $1,750. MSD has paused any further assistance pending the outcome of the hearing today.
The landlords have estimated that the cost of repairing the damage to the premises will be between $15,000 and $25,000. Ms Edward believes it is likely to be less than that, but she agrees that the damage has been substantial. Both sides agree, for example, that the shower will need to be replaced entirely due to the damage. Discussion and Decision.
If rent arrears had been the sole ground for termination I would have made a condition termination order in this case. Ms Edward has done well to obtain assistance from MSD and the likelihood is that they would have provided further assistance if it meant that she was able to continue living in the premises.
But it is the substantial damage to the premises that is the main issue here. Section 55(1)(b) of the Residential Tenancies Act 1986 (the Act) states that the Tribunal must make a termination order where the tenant has caused substantial damage to the premises. That order can be a conditional order.
The tenants are liable to pay for the repair of the intentional or careless damage to the premises subject to certain limits in the case of careless damage. Ms Edward disputes responsibility for some of the damage but she does not dispute liability for the intentional damage.
She has taken steps to withdraw some of her Kiwi Saver money but that will fall well short of what is required to pay for the repairs. The landlords have insurance, but it does not cover intentional damage by the tenants. Even if it did, the landlords would not be obliged to give the tenants the benefit of that insurance cover.
It follows that a conditional order is not a practical possibility. The extent of the damage has gone beyond that and so the Tribunal is mandated to make an outright termination and possession order.
The landlords also mentioned their concern that if the tenancy continues, there may well be additional damage. I accept that there is some validity to that concern. I also note that there is no guarantee that Mr Smaling will not return to the premises. I would question whether one tenant can trespass another tenant. They are both lawfully entitled to reside in the premises.
I have therefore made an order for immediate termination and possession. The landlords are willing to allow Ms Edward two weeks to vacate the premises and so I have stayed enforcement of the order for two weeks on the condition that the rent for the next two weeks is paid when it falls due. If those payments are made, Ms Edward will have until the end of the day on Monday 13 April to vacate. Rent Arrears
I have awarded the landlords the rent arrears. Filing Fee
The landlords have succeeded and so I have awarded them the filing fee. Bond
Part of the bond will be paid to the landlords to cover the arrears and the filing fee. The remaining bond will stay with the Bond Centre. Compensation Claims
When the landlords have possession of the premises and they have fully assessed the cost of repairs and any other compensation they may be entitled to, they will need to file another application.

Tenancy Tribunal case 5443011 — Rent arrears at 105 McLeod Street, Camberley, Hastings 4120

At a glance

Tenancy Tribunal case 5443011 — Rent arrears at 105 McLeod Street, Camberley, Hastings 4120

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