What was the outcome of Tenancy Tribunal case 4938993?

The tribunal order states: Angela Averis must pay Online Rentals Limited T/A Ray White Hamilton As

How much money was awarded in case 4938993?

Filing Fee: $27.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Cleaning: $380.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Rent Arrears: $7,488.50 awarded to landlord; Rubbish Removal: $1,250.00 awarded to landlord

What type of tenancy dispute was case 4938993?

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

Where can I read the official tribunal order for case 4938993?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11084144-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4938993?

The tribunal order states: Angela Averis must pay Online Rentals Limited T/A Ray White Hamilton As

How much money was awarded in case 4938993?

Filing Fee: $27.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Cleaning: $380.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Rent Arrears: $7,488.50 awarded to landlord; Rubbish Removal: $1,250.00 awarded to landlord

What type of tenancy dispute was case 4938993?

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

Where can I read the official tribunal order for case 4938993?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11084144-Tribunal_Order.pdf.

92 Rototuna Road, Rototuna, Hamilton 3210 Tenancy Tribunal Case 4938993 — Rent arrears

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92 Rototuna Road, Rototuna, Hamilton 3210 Tenancy Tribunal Case 4938993 — 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 4938993 — net $7,285.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears incorporating	$7,488.50	Rent arrears incorporating
Previous order application 4780101 dated 06/03/2024 Carpet Cleaning: including stain removal	$380.00	Previous order application 4780101 dated 06/03/2024 Carpet Cleaning: including stain removal
Insurance excess damage to garage	$550.00	Insurance excess damage to garage
Lock/key replacement: including garage remote	$550.00	Lock/key replacement: including garage remote
Rubbish removal: and cleaning	$1,250.00	Rubbish removal: and cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,285.50
Total payable by Tenant to Landlord	$7,285.50

Claims and awards for application 4938993 — net $7,285.50 NZD. Verify on MoJ.

Rent arrears incorporating

Amount: $7,488.50
Awarded to: Landlord
Reason: Rent arrears incorporating

Previous order application 4780101 dated 06/03/2024 Carpet Cleaning: including stain removal

Amount: $380.00
Awarded to: Landlord
Reason: Previous order application 4780101 dated 06/03/2024 Carpet Cleaning: including stain removal

Insurance excess damage to garage

Amount: $550.00
Awarded to: Landlord
Reason: Insurance excess damage to garage

Lock/key replacement: including garage remote

Amount: $550.00
Awarded to: Landlord
Reason: Lock/key replacement: including garage remote

Rubbish removal: and cleaning

Amount: $1,250.00
Awarded to: Landlord

Claim types — money lines allowed on this order

Filing Fee Property damage Carpet Cleaning Rent arrears Rubbish Removal

Order

Angela Averis must pay Online Rentals Limited T/A Ray White Hamilton As Agent For Glenice Soffe $7,285.50 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 6 March 2024 under application 4780101.
The Bond Centre is to pay the bond of $2,960.00 (6402578-002) to Online Rentals Limited T/A Ray White Hamilton As Agent For Glenice Soffe immediately.

Reasons

Only the applicant landlord attended the hearing.
The landlord has applied for incorporation of a previous rent arrears order, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 13 March 2024 pursuant to a Tribunal Order dated 6/3/2024. The tenant has been making regular payments towards the arrears and provided she continues to do that the landlord will not take enforcement action.
The landlord provided rent records and which prove the amount owing at the end of the tenancy, the amount ordered includes the payments made since 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The amount ordered for carpet cleaning is reduced as the pre-inspection report shows some carpet staining was present at the beginning of the tenancy.
The tenant did not return the keys or the garage remote.
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.
A wall in the garage was damaged, probably by a car hitting it as the damage extends to the exterior cladding. The tenant attempted repair but this was less than satisfactory and the landlord’s insurance company has paid for the repair to be completed to a proper tradesman like standard, which was the condition prior to the damage occurring.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have not taken into account betterment and depreciation. The garage wall/cladding has been repaired only and the amount ordered is considerably less than the actual cost.
On 6/3/2024 the Tribunal made an order relating to this tenancy, for rent arrears and setting out a payment plan to pay off the arrears. The previous order is incorporated into this order for enforcement purposes.
The tenant should continue to make the payments she is making in accordance with the payment plan so as to avoid further enforcement costs.
Because Online Rentals Limited T/A Ray White Hamilton As Agent For Glenice Soffe has wholly succeeded with the claim I must 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 4938993 — net $7,285.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears incorporating	$7,488.50	Rent arrears incorporating
Previous order application 4780101 dated 06/03/2024 Carpet Cleaning: including stain removal	$380.00	Previous order application 4780101 dated 06/03/2024 Carpet Cleaning: including stain removal
Insurance excess damage to garage	$550.00	Insurance excess damage to garage
Lock/key replacement: including garage remote	$550.00	Lock/key replacement: including garage remote
Rubbish removal: and cleaning	$1,250.00	Rubbish removal: and cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,285.50
Total payable by Tenant to Landlord	$7,285.50

Claims and awards for application 4938993 — net $7,285.50 NZD. Verify on MoJ.

Rent arrears incorporating

Amount: $7,488.50
Awarded to: Landlord
Reason: Rent arrears incorporating

Previous order application 4780101 dated 06/03/2024 Carpet Cleaning: including stain removal

Amount: $380.00
Awarded to: Landlord
Reason: Previous order application 4780101 dated 06/03/2024 Carpet Cleaning: including stain removal

Insurance excess damage to garage

Amount: $550.00
Awarded to: Landlord
Reason: Insurance excess damage to garage

Lock/key replacement: including garage remote

Amount: $550.00
Awarded to: Landlord
Reason: Lock/key replacement: including garage remote

Rubbish removal: and cleaning

Amount: $1,250.00
Awarded to: Landlord

Claim types — money lines allowed on this order

Filing Fee Property damage Carpet Cleaning Rent arrears Rubbish Removal

Order

Angela Averis must pay Online Rentals Limited T/A Ray White Hamilton As Agent For Glenice Soffe $7,285.50 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 6 March 2024 under application 4780101.
The Bond Centre is to pay the bond of $2,960.00 (6402578-002) to Online Rentals Limited T/A Ray White Hamilton As Agent For Glenice Soffe immediately.

Reasons

Only the applicant landlord attended the hearing.
The landlord has applied for incorporation of a previous rent arrears order, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 13 March 2024 pursuant to a Tribunal Order dated 6/3/2024. The tenant has been making regular payments towards the arrears and provided she continues to do that the landlord will not take enforcement action.
The landlord provided rent records and which prove the amount owing at the end of the tenancy, the amount ordered includes the payments made since 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The amount ordered for carpet cleaning is reduced as the pre-inspection report shows some carpet staining was present at the beginning of the tenancy.
The tenant did not return the keys or the garage remote.
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.
A wall in the garage was damaged, probably by a car hitting it as the damage extends to the exterior cladding. The tenant attempted repair but this was less than satisfactory and the landlord’s insurance company has paid for the repair to be completed to a proper tradesman like standard, which was the condition prior to the damage occurring.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have not taken into account betterment and depreciation. The garage wall/cladding has been repaired only and the amount ordered is considerably less than the actual cost.
On 6/3/2024 the Tribunal made an order relating to this tenancy, for rent arrears and setting out a payment plan to pay off the arrears. The previous order is incorporated into this order for enforcement purposes.
The tenant should continue to make the payments she is making in accordance with the payment plan so as to avoid further enforcement costs.
Because Online Rentals Limited T/A Ray White Hamilton As Agent For Glenice Soffe has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4938993 — Rent arrears at 92 Rototuna Road, Rototuna, Hamilton 3210

At a glance

Tenancy Tribunal case 4938993 — Rent arrears at 92 Rototuna Road, Rototuna, Hamilton 3210

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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