What was Tenancy Tribunal case 4741556 about?

The tribunal order states: Ashleigh Rowland and Kale Aaron William Hoggart must pay [The landlord/s]

How much money was awarded in case 4741556?

Break Lease Expenses: $728.85 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Owing: $2,910.00 awarded to landlord; Garage Door Seal: $419.09 awarded to landlord

What type of tenancy dispute was case 4741556?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4741556?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10280734-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4741556 about?

The tribunal order states: Ashleigh Rowland and Kale Aaron William Hoggart must pay [The landlord/s]

How much money was awarded in case 4741556?

Break Lease Expenses: $728.85 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Owing: $2,910.00 awarded to landlord; Garage Door Seal: $419.09 awarded to landlord

What type of tenancy dispute was case 4741556?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4741556?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10280734-Tribunal_Order_Redacted.pdf.

28 Killarney Road, Frankton, Hamilton 3204 Tenancy Tribunal Case 4741556 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4741556 — net $4,078.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owing	$2,910.00	Rent owing
Repairs: garage door seal	$419.09	Repairs: garage door seal
Break lease expenses	$728.85	Break lease expenses
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,078.38
Total payable by Tenant to Landlord	$4,078.38

The landlord’s representative attended the hearing. Neither of the tenants attended. I continued the hearing in their absence because notification of the hearing date and time has been emailed to their service addresses.

The landlord has applied for compensation for lost rent and other costs.

The landlord agreed to a request by the tenants to end the fixed term tenancy early on condition that the tenants remain liable for rent until suitable new tenants could be found and for any reasonable expenses.

The tenants moved out on 4 December 2023 and new tenants moved in on 22 January 2024.

I agree that the landlord is entitled to compensation equal to rent up until 21 January 2024 because this is what the tenants agreed to by committing to a fixed term tenancy.

The landlord’s rent records prove that the amount owing is $2,910.00. This takes into account the bond refund of $2,920.00 already received by the landlord and total payments of $2,200.00 made by the tenants after they moved out. Replacement of items missing from outside shed

The landlord says that a few items (a hose, a sprinkler, feather cushions) that belonged to the landlord and were stored in boxes in the outside shed, have gone missing. It is presumed that these were accidentally packed by the tenants, but they have not been returned.

I do not award compensation for these items. There is no list of chattels or other written record of the items. There is no evidence of their age or condition. It is not proven that they are chattels that form part of the tenancy. Damage to the garage door seal

The landlord has proved that the rubber seal along the bottom of the automatic garage door was damaged during the tenancy. The tenants were allowed to keep two dogs. The seal has been chewed or scratched from the inside and the door is no longer weatherproof. Tenants are liable for the actions of people or dogs at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.

The landlord has supplied an itemised quote to repair the seal. I award the amount claimed as this is less than any insurance excess that may apply. Break lease expenses

One of the conditions of the landlord agreeing to end the tenancy early was that the tenants would pay any reasonable expenses associated with that.

A landlord is entitled to recover such expenses pursuant to section 44A RTA.

I award $728.85 which is made up advertising ($150.00), credit checks ($23.00), between tenancy methamphetamine testing ($205.85), and approximately 10 hours of property management time ($350.00).

I am satisfied that these are the actual expenses of the landlord incurred at this time because of consenting to the tenants’ request to terminate the tenancy five months before the end of the fixed term. It is reasonable and prudent for a landlord to advertise, conduct credit checks, and test the premises for methamphetamine in between tenancies.

The landlord has substantially succeeded with the claim, so I also award the filing fee and suppress its name, as applied for.

Claims and awards in Tenancy Tribunal application 4741556 — net $4,078.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owing	$2,910.00	Rent owing
Repairs: garage door seal	$419.09	Repairs: garage door seal
Break lease expenses	$728.85	Break lease expenses
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,078.38
Total payable by Tenant to Landlord	$4,078.38

Order

Ashleigh Rowland and Kale Aaron William Hoggart must pay [The landlord/s] $4,078.38 immediately, calculated as shown in table below.

Reasons

The landlord’s representative attended the hearing. Neither of the tenants attended. I continued the hearing in their absence because notification of the hearing date and time has been emailed to their service addresses.
The landlord has applied for compensation for lost rent and other costs.
The landlord agreed to a request by the tenants to end the fixed term tenancy early on condition that the tenants remain liable for rent until suitable new tenants could be found and for any reasonable expenses.
The tenants moved out on 4 December 2023 and new tenants moved in on 22 January 2024.
I agree that the landlord is entitled to compensation equal to rent up until 21 January 2024 because this is what the tenants agreed to by committing to a fixed term tenancy.
The landlord’s rent records prove that the amount owing is $2,910.00. This takes into account the bond refund of $2,920.00 already received by the landlord and total payments of $2,200.00 made by the tenants after they moved out. Replacement of items missing from outside shed
The landlord says that a few items (a hose, a sprinkler, feather cushions) that belonged to the landlord and were stored in boxes in the outside shed, have gone missing. It is presumed that these were accidentally packed by the tenants, but they have not been returned.
I do not award compensation for these items. There is no list of chattels or other written record of the items. There is no evidence of their age or condition. It is not proven that they are chattels that form part of the tenancy. Damage to the garage door seal
The landlord has proved that the rubber seal along the bottom of the automatic garage door was damaged during the tenancy. The tenants were allowed to keep two dogs. The seal has been chewed or scratched from the inside and the door is no longer weatherproof. Tenants are liable for the actions of people or dogs at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The landlord has supplied an itemised quote to repair the seal. I award the amount claimed as this is less than any insurance excess that may apply. Break lease expenses
One of the conditions of the landlord agreeing to end the tenancy early was that the tenants would pay any reasonable expenses associated with that.
A landlord is entitled to recover such expenses pursuant to section 44A RTA.
I award $728.85 which is made up advertising ($150.00), credit checks ($23.00), between tenancy methamphetamine testing ($205.85), and approximately 10 hours of property management time ($350.00).
I am satisfied that these are the actual expenses of the landlord incurred at this time because of consenting to the tenants’ request to terminate the tenancy five months before the end of the fixed term. It is reasonable and prudent for a landlord to advertise, conduct credit checks, and test the premises for methamphetamine in between tenancies.
The landlord has substantially succeeded with the claim, so I also award the filing fee and suppress its name, as applied for.

Tenancy Tribunal case 4741556 — Property damage at 28 Killarney Road, Frankton, Hamilton 3204

At a glance

Tenancy Tribunal case 4741556 — Property damage at 28 Killarney Road, Frankton, Hamilton 3204

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