What was Tenancy Tribunal case 5220633 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $6,210.45

How much money was awarded in case 5220633?

Cleaning: $260.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Loss Of Rent 14 March 2025 – 22 Apri…: $3,588.57 awarded to landlord; Previous Order Application 5154120 D…: $946.43 awarded to landlord; Property Damage: $560.09 awarded to landlord; Property Damage: $124.00 awarded to landlord; Re-Glazing: $622.46 awarded to landlord; Rubbish Removal: $81.90 awarded to landlord

What type of tenancy dispute was case 5220633?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5220633?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11885334-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5220633 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $6,210.45

How much money was awarded in case 5220633?

Cleaning: $260.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Loss Of Rent 14 March 2025 – 22 Apri…: $3,588.57 awarded to landlord; Previous Order Application 5154120 D…: $946.43 awarded to landlord; Property Damage: $560.09 awarded to landlord; Property Damage: $124.00 awarded to landlord; Re-Glazing: $622.46 awarded to landlord; Rubbish Removal: $81.90 awarded to landlord

What type of tenancy dispute was case 5220633?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5220633?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11885334-Tenancy_Tribunal_Order.pdf.

13 Anzac Road, Morningside, Whangarei 0110 Tenancy Tribunal Case 5220633 — Property damage

Reasons

Background

Claims and awards in Tenancy Tribunal application 5220633 — net $6,210.45 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Loss of rent 14 March 2025 – 22 April 2025	$3,588.57	Loss of rent 14 March 2025 – 22 April 2025
Previous order application 5154120 dated 13/03/2025	$946.43	Previous order application 5154120 dated 13/03/2025
Repairs	$560.09	Repairs
Rubbish removal	$81.90	Rubbish removal
Lock/key replacement	$124.00	Lock/key replacement
Carpet Cleaning	$260.00	18. The claim is proven.
Re-glazing	$622.46	Re-glazing
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,210.45
Total payable by Tenant to Landlord	$6,210.45

This was a fixed term tenancy commencing on 7 January 2025, due to end on 6 January 2026. Mr Farquharson is the sole named tenant.

The tenant abandoned the tenancy on 7 March 2025.

Ms Roberts made an application to the Tenancy Tribunal, seeking termination on rent arrears.

On 13 March the Tribunal made an order awarding rent arrears to 13 March 2025, releasing the bond to the landlord, and awarding the landlord the filing fee of $27.00. The hearing was adjourned to allow the landlord to submit evidence for a claim for vacated damage. 1

On 1 April, Ms Roberts filed this new application, seeking vacated repairs, rubbish removal, and change of locks.

The application was set down for a hearing at the Whangarei Court today, 23 May 2025. Ms Roberts attended the hearing. There was no appearance by the tenant.

I am satisfied that notice of the claim and hearing were served on the tenant per the requirements of the Residential Tenancies Act 1986, and the hearing proceeded in the tenant’s absence. 2 Rent

This was a fixed term tenancy. As noted in the previous order, the fact that Mr Farquharson left the tenancy and told Ms Roberts that he had left did not bring the tenancy to an end. A fixed term tenancy cannot be terminated by notice.

Ms Roberts re-took possession of the premises by changing the locks. From that point Mr Farquharson could not return to the premises and he cannot be liable for rent under his tenancy from that point.

However, Ms Roberts is entitled to seek damages representing the loss of rent from then until the date that she re-let the premises. Mr Farquharson was contractually obliged to pay rent from 7 January 2025 until 6 January 2026. He breached the contract by abandoning the fixed term tenancy. Ms Roberts suffered a loss as a consequence of that breach, being loss of rental income.

The claim is proven. Repairs

Ms Roberts’ photographs show that there was substantial intentional damage to the property during the tenancy including: a. Hallway in ceiling collapsed. 1 Roberts v Farquharson [2025] NZTT 5154120 2 Section 92 RTA b. Several large holes in the wall in the lounge. c. Ceiling in bedroom damaged and partially repaired by tenant. d. Engine coolant poured over surfaces. e. Glass in French doors smashed.

Tenants are liable for damage caused by themselves or by anyone who is at the premises with their consent. 3

The landlord minimised the cost of the ceiling and wall repairs by purchasing the materials and doing some of the work, assisted by a builder who charged them a very low hourly rate ($40/hr).

The costs claimed by the landlord are very fair and reasonable having regard to the extent of repairs required.

The cost of re-glazing the doors is proven.

The damage occurred during this tenancy and there is no evidence to indicate that it was caused by someone other than the tenant or a person for whom the tenant is responsible. 4

The claim is proven. Locks, carpet cleaning, rubbish

The landlord has not made any claim for general cleaning, including removing the engine coolant that had been poured over surfaces in the house.

It was necessary to have the carpets professionally cleaned due to debris from ceiling insulation that had come through the large holes in the ceiling in the hallway and bedroom, and the engine coolant.

The tenant left some rubbish at the premises (underneath the house) and there was building debris from the repairs.

The keys were not returned at the end of the tenancy.

The amounts claimed for change of locks, carpet cleaning, and rubbish disposal (dumping fees only) are proven and are fair and reasonable. Filing fee

The landlord was successful in this application and I must also award the landlord the filing fee. 5 3 Section 49B(1)(a) RTA 4 Section 49B(8)(b) RTA 5 Section 102(4)(a) RTA

This order incorporates the amount awarded in the previous order. .

Claims and awards in Tenancy Tribunal application 5220633 — net $6,210.45 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Loss of rent 14 March 2025 – 22 April 2025	$3,588.57	Loss of rent 14 March 2025 – 22 April 2025
Previous order application 5154120 dated 13/03/2025	$946.43	Previous order application 5154120 dated 13/03/2025
Repairs	$560.09	Repairs
Rubbish removal	$81.90	Rubbish removal
Lock/key replacement	$124.00	Lock/key replacement
Carpet Cleaning	$260.00	18. The claim is proven.
Re-glazing	$622.46	Re-glazing
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,210.45
Total payable by Tenant to Landlord	$6,210.45

Order

[The tenant/s] must pay [The landlord/s] $6,210.45 immediately, calculated as shown in table below.

Reasons

Background

This was a fixed term tenancy commencing on 7 January 2025, due to end on 6 January 2026. Mr Farquharson is the sole named tenant.
The tenant abandoned the tenancy on 7 March 2025.
Ms Roberts made an application to the Tenancy Tribunal, seeking termination on rent arrears.
On 13 March the Tribunal made an order awarding rent arrears to 13 March 2025, releasing the bond to the landlord, and awarding the landlord the filing fee of $27.00. The hearing was adjourned to allow the landlord to submit evidence for a claim for vacated damage. 1
On 1 April, Ms Roberts filed this new application, seeking vacated repairs, rubbish removal, and change of locks.
The application was set down for a hearing at the Whangarei Court today, 23 May 2025. Ms Roberts attended the hearing. There was no appearance by the tenant.
I am satisfied that notice of the claim and hearing were served on the tenant per the requirements of the Residential Tenancies Act 1986, and the hearing proceeded in the tenant’s absence. 2 Rent
This was a fixed term tenancy. As noted in the previous order, the fact that Mr Farquharson left the tenancy and told Ms Roberts that he had left did not bring the tenancy to an end. A fixed term tenancy cannot be terminated by notice.
Ms Roberts re-took possession of the premises by changing the locks. From that point Mr Farquharson could not return to the premises and he cannot be liable for rent under his tenancy from that point.
However, Ms Roberts is entitled to seek damages representing the loss of rent from then until the date that she re-let the premises. Mr Farquharson was contractually obliged to pay rent from 7 January 2025 until 6 January 2026. He breached the contract by abandoning the fixed term tenancy. Ms Roberts suffered a loss as a consequence of that breach, being loss of rental income.
The claim is proven. Repairs
Ms Roberts’ photographs show that there was substantial intentional damage to the property during the tenancy including: a. Hallway in ceiling collapsed. 1 Roberts v Farquharson [2025] NZTT 5154120 2 Section 92 RTA b. Several large holes in the wall in the lounge. c. Ceiling in bedroom damaged and partially repaired by tenant. d. Engine coolant poured over surfaces. e. Glass in French doors smashed.
Tenants are liable for damage caused by themselves or by anyone who is at the premises with their consent. 3
The landlord minimised the cost of the ceiling and wall repairs by purchasing the materials and doing some of the work, assisted by a builder who charged them a very low hourly rate ($40/hr).
The costs claimed by the landlord are very fair and reasonable having regard to the extent of repairs required.
The cost of re-glazing the doors is proven.
The damage occurred during this tenancy and there is no evidence to indicate that it was caused by someone other than the tenant or a person for whom the tenant is responsible. 4
The claim is proven. Locks, carpet cleaning, rubbish
The landlord has not made any claim for general cleaning, including removing the engine coolant that had been poured over surfaces in the house.
It was necessary to have the carpets professionally cleaned due to debris from ceiling insulation that had come through the large holes in the ceiling in the hallway and bedroom, and the engine coolant.
The tenant left some rubbish at the premises (underneath the house) and there was building debris from the repairs.
The keys were not returned at the end of the tenancy.
The amounts claimed for change of locks, carpet cleaning, and rubbish disposal (dumping fees only) are proven and are fair and reasonable. Filing fee
The landlord was successful in this application and I must also award the landlord the filing fee. 5 3 Section 49B(1)(a) RTA 4 Section 49B(8)(b) RTA 5 Section 102(4)(a) RTA
This order incorporates the amount awarded in the previous order. .

Tenancy Tribunal case 5220633 — Property damage at 13 Anzac Road, Morningside, Whangarei 0110

At a glance

Tenancy Tribunal case 5220633 — Property damage at 13 Anzac Road, Morningside, Whangarei 0110

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