What was the outcome of Tenancy Tribunal case 4774557?

The tribunal order states: Sasha Lee Thackwray must pay Edwards Realty Limited As Agent For Sue

How much money was awarded in case 4774557?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $720.00 awarded to landlord; Letterbox: $143.75 awarded to landlord; Water Rates: $219.56 awarded to landlord

What type of tenancy dispute was case 4774557?

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

Where can I read the official tribunal order for case 4774557?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9966662-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4774557?

The tribunal order states: Sasha Lee Thackwray must pay Edwards Realty Limited As Agent For Sue

How much money was awarded in case 4774557?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $720.00 awarded to landlord; Letterbox: $143.75 awarded to landlord; Water Rates: $219.56 awarded to landlord

What type of tenancy dispute was case 4774557?

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

Where can I read the official tribunal order for case 4774557?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9966662-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 7 Luplau Crescent, Cockle Bay, Auckland 2014 Tenancy Tribunal Case 4774557 — Rent arrears

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Unit/Flat 3, 7 Luplau Crescent, Cockle Bay, Auckland 2014 Tenancy Tribunal Case 4774557 — 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 4774557 — net $1,103.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 February 2024	$720.00	Rent arrears to 16 February 2024
Water rates	$219.56	Water rates
Repairs: Letterbox	$143.75	Repairs: Letterbox
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,103.75
Total payable by Tenant to Landlord	$1,103.75

Claims and awards for application 4774557 — net $1,103.75 NZD. Verify on MoJ.

Rent arrears to 16 February 2024

Amount: $720.00
Awarded to: Landlord
Reason: Rent arrears to 16 February 2024

Water rates

Amount: $219.56
Awarded to: Landlord
Reason: Water rates

Repairs: Letterbox

Amount: $143.75
Awarded to: Landlord
Reason: Repairs: Letterbox

Filing fee reimbursement

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

Net award

Landlord $1,103.75

Total payable by Tenant to Landlord

Landlord $1,103.75

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Water Rates

Order

Sasha Lee Thackwray must pay Edwards Realty Limited As Agent For Sue Mcgehan $1,103.75 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, the tenant did not.
The landlord has applied for rent arrears, compensation and damages.

How much does the tenant owe?

The landlord provided rent records which prove the amount of rent arrears owing as at 16 February 2024 is $720.00 and the amount of overdue water rates for the invoices dated 24 October 2023, 24 November 2023, 20 December 2023 and 30 January 2024 is $219.56.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
The landlord provided information that the tenant drove into the combined letterbox for units one, two and three causing damage such that the letterbox needed replacing. Photographs of the letterbox and an invoice for $287.50 were also provided. 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 taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because Edwards Realty Limited As Agent For Sue Mcgehan 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 4774557 — net $1,103.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 February 2024	$720.00	Rent arrears to 16 February 2024
Water rates	$219.56	Water rates
Repairs: Letterbox	$143.75	Repairs: Letterbox
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,103.75
Total payable by Tenant to Landlord	$1,103.75

Claims and awards for application 4774557 — net $1,103.75 NZD. Verify on MoJ.

Rent arrears to 16 February 2024

Amount: $720.00
Awarded to: Landlord
Reason: Rent arrears to 16 February 2024

Water rates

Amount: $219.56
Awarded to: Landlord
Reason: Water rates

Repairs: Letterbox

Amount: $143.75
Awarded to: Landlord
Reason: Repairs: Letterbox

Filing fee reimbursement

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

Net award

Landlord $1,103.75

Total payable by Tenant to Landlord

Landlord $1,103.75

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Water Rates

Order

Sasha Lee Thackwray must pay Edwards Realty Limited As Agent For Sue Mcgehan $1,103.75 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, the tenant did not.
The landlord has applied for rent arrears, compensation and damages.

How much does the tenant owe?

The landlord provided rent records which prove the amount of rent arrears owing as at 16 February 2024 is $720.00 and the amount of overdue water rates for the invoices dated 24 October 2023, 24 November 2023, 20 December 2023 and 30 January 2024 is $219.56.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
The landlord provided information that the tenant drove into the combined letterbox for units one, two and three causing damage such that the letterbox needed replacing. Photographs of the letterbox and an invoice for $287.50 were also provided. 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 taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because Edwards Realty Limited As Agent For Sue Mcgehan has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4774557 — Rent arrears at Unit/Flat 3, 7 Luplau Crescent, Cockle Bay, Auckland 2014

At a glance

Tenancy Tribunal case 4774557 — Rent arrears at Unit/Flat 3, 7 Luplau Crescent, Cockle Bay, Auckland 2014

At a glance

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe?

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 does the tenant owe?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions