What was the outcome of Tenancy Tribunal case 4766857?

The tribunal order states: Shayna Dawn Evaroa must pay 360 Property Management Limited As Agent

How much money was awarded in case 4766857?

Cleaning: $609.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $550.00 awarded to landlord; Pest Control: $185.00 awarded to landlord; Property Damage: $215.50 awarded to landlord; Rent Arrears: $3,564.29 awarded to landlord; Property Damage: $2,190.50 awarded to landlord; Water Rates: $60.83 awarded to landlord

What type of tenancy dispute was case 4766857?

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

Where can I read the official tribunal order for case 4766857?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10359354-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4766857?

The tribunal order states: Shayna Dawn Evaroa must pay 360 Property Management Limited As Agent

How much money was awarded in case 4766857?

Cleaning: $609.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $550.00 awarded to landlord; Pest Control: $185.00 awarded to landlord; Property Damage: $215.50 awarded to landlord; Rent Arrears: $3,564.29 awarded to landlord; Property Damage: $2,190.50 awarded to landlord; Water Rates: $60.83 awarded to landlord

What type of tenancy dispute was case 4766857?

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

Where can I read the official tribunal order for case 4766857?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10359354-Tenancy_Tribunal_Order.pdf.

268A Bairds Road, Otara, Auckland 2023 Tenancy Tribunal Case 4766857 — Rent arrears

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268A Bairds Road, Otara, Auckland 2023 Tenancy Tribunal Case 4766857 — Rent arrears | 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 4766857 — net $5,116.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 November 2023	$3,564.29	Rent arrears to 30 November 2023
Water rates	$60.83	Water rates
Repairs: carpet replacement (limited to insurance excess	$2,190.50	Repairs: carpet replacement (limited to insurance excess
Lawns and Garden work: including rubbish removal	$550.00	Lawns and Garden work: including rubbish removal
Cleaning: including carpet cleaning	$609.50	Cleaning: including carpet cleaning
Lock/key replacement	$215.50	Lock/key replacement
Pest control	$185.00	Pest control
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,116.06
Total payable by Tenant to Landlord	$5,116.06

Claims and awards for application 4766857 — net $5,116.06 NZD. Verify on MoJ.

Rent arrears to 30 November 2023

Amount: $3,564.29
Awarded to: Landlord
Reason: Rent arrears to 30 November 2023

Water rates

Amount: $60.83
Awarded to: Landlord
Reason: Water rates

Repairs: carpet replacement (limited to insurance excess

Amount: $2,190.50
Awarded to: Landlord
Reason: Repairs: carpet replacement (limited to insurance excess

Lawns and Garden work: including rubbish removal

Amount: $550.00
Awarded to: Landlord
Reason: Lawns and Garden work: including rubbish removal

Cleaning: including carpet cleaning

Amount: $609.50
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Lawns And Garden Work Pest Control Property damage Rent arrears Water Rates

Order

Shayna Dawn Evaroa must pay 360 Property Management Limited As Agent For Srcc Properties $5,116.06 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,280.00 (6371293-002) to 360 Property Management Limited As Agent For Srcc Properties immediately.

Reasons

Only the landlord attended the hearing.
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 and water rates?

The tenancy ended on 30 November 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The amounts ordered are proved.

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.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
The carpets were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved and the tenant's liability has been limited to the lesser of the insurance excess.

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 4766857 — net $5,116.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 November 2023	$3,564.29	Rent arrears to 30 November 2023
Water rates	$60.83	Water rates
Repairs: carpet replacement (limited to insurance excess	$2,190.50	Repairs: carpet replacement (limited to insurance excess
Lawns and Garden work: including rubbish removal	$550.00	Lawns and Garden work: including rubbish removal
Cleaning: including carpet cleaning	$609.50	Cleaning: including carpet cleaning
Lock/key replacement	$215.50	Lock/key replacement
Pest control	$185.00	Pest control
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,116.06
Total payable by Tenant to Landlord	$5,116.06

Claims and awards for application 4766857 — net $5,116.06 NZD. Verify on MoJ.

Rent arrears to 30 November 2023

Amount: $3,564.29
Awarded to: Landlord
Reason: Rent arrears to 30 November 2023

Water rates

Amount: $60.83
Awarded to: Landlord
Reason: Water rates

Repairs: carpet replacement (limited to insurance excess

Amount: $2,190.50
Awarded to: Landlord
Reason: Repairs: carpet replacement (limited to insurance excess

Lawns and Garden work: including rubbish removal

Amount: $550.00
Awarded to: Landlord
Reason: Lawns and Garden work: including rubbish removal

Cleaning: including carpet cleaning

Amount: $609.50
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Lawns And Garden Work Pest Control Property damage Rent arrears Water Rates

Order

Shayna Dawn Evaroa must pay 360 Property Management Limited As Agent For Srcc Properties $5,116.06 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,280.00 (6371293-002) to 360 Property Management Limited As Agent For Srcc Properties immediately.

Reasons

Only the landlord attended the hearing.
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 and water rates?

The tenancy ended on 30 November 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The amounts ordered are proved.

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.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
The carpets were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved and the tenant's liability has been limited to the lesser of the insurance excess.

Tenancy Tribunal case 4766857 — Rent arrears at 268A Bairds Road, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 4766857 — Rent arrears at 268A Bairds Road, Otara, Auckland 2023

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions