What was the outcome of Tenancy Tribunal case 4674413?

The tribunal order states: Shari Wilson must pay Theta Management Limited (Empire Apartments)

How much money was awarded in case 4674413?

Filing Fee: $20.44 awarded to landlord; Property Damage: $1,600.00 awarded to landlord; Rent Arrears: $900.00 awarded to landlord

What type of tenancy dispute was case 4674413?

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

Where can I read the official tribunal order for case 4674413?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9840546-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4674413?

The tribunal order states: Shari Wilson must pay Theta Management Limited (Empire Apartments)

How much money was awarded in case 4674413?

Filing Fee: $20.44 awarded to landlord; Property Damage: $1,600.00 awarded to landlord; Rent Arrears: $900.00 awarded to landlord

What type of tenancy dispute was case 4674413?

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

Where can I read the official tribunal order for case 4674413?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9840546-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1813, 21 Whitaker Place, Grafton, Auckland 1010 Tenancy Tribunal Case 4674413 — Property damage

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Unit/Flat 1813, 21 Whitaker Place, Grafton, Auckland 1010 Tenancy Tribunal Case 4674413 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4674413 — net $720.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$900.00	Rent arrears
Repair holes in walls	$1,600.00	Repair holes in walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$720.44
Total payable by Tenant to Landlord	$720.44

Claims and awards for application 4674413 — net $720.44 NZD. Verify on MoJ.

Rent arrears

Amount: $900.00
Awarded to: Landlord
Reason: Rent arrears

Repair holes in walls

Amount: $1,600.00
Awarded to: Landlord
Reason: Repair holes in walls

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $720.44

Total payable by Tenant to Landlord

Landlord $720.44

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Shari Wilson must pay Theta Management Limited (Empire Apartments) $720.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 (6441365-006) to Theta Management Limited (Empire Apartments) immediately.

Reasons

The agent for the landlord attended the hearing. The tenant did not attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Service of the landlord’s claims and the Notice of Hearing
The application was filed more than two months after the end of the tenancy.
Section 91A(2)(a) of the Residential Tenancies Act 1986 (“RTA”) provides that if the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant personally.
The Notice of Hearing was sent to the tenant by email. It has not been served on the tenant in accordance with Section 91A(2)(a) RTA.
I am proceeding with the hearing today and in doing so invoke the provision of section 91B RTA as I am satisfied that all reasonable efforts have been made to serve the tenant in accordance with the Act and the failure to serve is not due to any fault or unreasonable delay by the landlord. The landlord’s claims
The tenancy ended on 6 March 2023. The landlord provided rent records which prove the amount of rent arrears owing at the end of the tenancy.
The landlord claimed damages for numerous holes in the walls and produced photos as evidence and an invoice for the repair.
The damage is well beyond fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered is proved. No depreciation applies as the premises were newly painted at the start.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4674413 — net $720.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$900.00	Rent arrears
Repair holes in walls	$1,600.00	Repair holes in walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$720.44
Total payable by Tenant to Landlord	$720.44

Claims and awards for application 4674413 — net $720.44 NZD. Verify on MoJ.

Rent arrears

Amount: $900.00
Awarded to: Landlord
Reason: Rent arrears

Repair holes in walls

Amount: $1,600.00
Awarded to: Landlord
Reason: Repair holes in walls

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $720.44

Total payable by Tenant to Landlord

Landlord $720.44

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Shari Wilson must pay Theta Management Limited (Empire Apartments) $720.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 (6441365-006) to Theta Management Limited (Empire Apartments) immediately.

Reasons

The agent for the landlord attended the hearing. The tenant did not attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Service of the landlord’s claims and the Notice of Hearing
The application was filed more than two months after the end of the tenancy.
Section 91A(2)(a) of the Residential Tenancies Act 1986 (“RTA”) provides that if the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant personally.
The Notice of Hearing was sent to the tenant by email. It has not been served on the tenant in accordance with Section 91A(2)(a) RTA.
I am proceeding with the hearing today and in doing so invoke the provision of section 91B RTA as I am satisfied that all reasonable efforts have been made to serve the tenant in accordance with the Act and the failure to serve is not due to any fault or unreasonable delay by the landlord. The landlord’s claims
The tenancy ended on 6 March 2023. The landlord provided rent records which prove the amount of rent arrears owing at the end of the tenancy.
The landlord claimed damages for numerous holes in the walls and produced photos as evidence and an invoice for the repair.
The damage is well beyond fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered is proved. No depreciation applies as the premises were newly painted at the start.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Tenancy Tribunal case 4674413 — Property damage at Unit/Flat 1813, 21 Whitaker Place, Grafton, Auckland 1010

At a glance

Tenancy Tribunal case 4674413 — Property damage at Unit/Flat 1813, 21 Whitaker Place, Grafton, Auckland 1010

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions