What was the outcome of Tenancy Tribunal case 5106488?

The tribunal order states: Aubynee Batterham must pay Bayleys Real Estate Limited as agent for Carla

How much money was awarded in case 5106488?

Cleaning: $793.50 awarded to landlord; Fee On Warrant For Possession: $258.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $325.80 awarded to landlord; Rent Arrears: $1,285.71 awarded to landlord; Property Damage: $376.50 awarded to landlord; Replace Lost Pool Key: $25.00 awarded to landlord; Utilities - Water And Power: $839.69 awarded to landlord

What type of tenancy dispute was case 5106488?

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

Where can I read the official tribunal order for case 5106488?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11339545-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5106488?

The tribunal order states: Aubynee Batterham must pay Bayleys Real Estate Limited as agent for Carla

How much money was awarded in case 5106488?

Cleaning: $793.50 awarded to landlord; Fee On Warrant For Possession: $258.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $325.80 awarded to landlord; Rent Arrears: $1,285.71 awarded to landlord; Property Damage: $376.50 awarded to landlord; Replace Lost Pool Key: $25.00 awarded to landlord; Utilities - Water And Power: $839.69 awarded to landlord

What type of tenancy dispute was case 5106488?

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

Where can I read the official tribunal order for case 5106488?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11339545-Tenancy_Tribunal_Order.pdf.

Unit/Flat 37, 11 The Avenue, Albany, Auckland 0632 Tenancy Tribunal Case 5106488 — Rent arrears

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Unit/Flat 37, 11 The Avenue, Albany, Auckland 0632 Tenancy Tribunal Case 5106488 — 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 5106488 — net $3,408.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 October 2024	$1,285.71	Rent arrears to 31 October 2024
Utilities - water and power	$839.69	Utilities - water and power
Repairs: damage to oven	$376.50	Repairs: damage to oven
Cleaning and carpet cleaning	$793.50	Cleaning and carpet cleaning
Lock/key replacement	$325.80	Lock/key replacement
Replace lost pool key	$25.00	Replace lost pool key
Fee on warrant for possession	$258.00	Fee on warrant for possession
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,408.20
Total payable by Tenant to Landlord	$3,408.20

Claims and awards for application 5106488 — net $3,408.20 NZD. Verify on MoJ.

Rent arrears to 31 October 2024

Amount: $1,285.71
Awarded to: Landlord
Reason: Rent arrears to 31 October 2024

Utilities - water and power

Amount: $839.69
Awarded to: Landlord
Reason: Utilities - water and power

Repairs: damage to oven

Amount: $376.50
Awarded to: Landlord
Reason: Repairs: damage to oven

Cleaning and carpet cleaning

Amount: $793.50
Awarded to: Landlord
Reason: Cleaning and carpet cleaning

Lock/key replacement

Amount: $325.80
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears

Order

Aubynee Batterham must pay Bayleys Real Estate Limited as agent for Carla Crabb Family Trust (Richard Crabb) $3,408.20 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $523.00 (3501365-013) to Bayleys Real Estate Limited as agent for Carla Crabb Family Trust (Richard Crabb) immediately.

Reasons

Ms Zhou represented the landlord. The tenant did not attend 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?

The tenancy ended on 19 October 2024 by order of the Tribunal dated 15 October 2024 – see [2024] NZTT 4975093. The tenant remained in possession until 31 October 2024 and remains liable for rent until then.
The landlord provided rent records, and water rates and power invoices from the Body Corporate which prove the amounts 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 (RTA).
The tenant did not leave the premises reasonably clean and tidy when they vacated the tenancy.
The tenant did not return all the keys nor the pool key.

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.
The following damage was caused during the tenancy: there was damage to the oven that had to be repaired. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved by invoices and photos and by the evidence Ms Zhou gave at the hearing.
As the application is successful, the tenant must pay the landlord’s Tribunal 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 5106488 — net $3,408.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 October 2024	$1,285.71	Rent arrears to 31 October 2024
Utilities - water and power	$839.69	Utilities - water and power
Repairs: damage to oven	$376.50	Repairs: damage to oven
Cleaning and carpet cleaning	$793.50	Cleaning and carpet cleaning
Lock/key replacement	$325.80	Lock/key replacement
Replace lost pool key	$25.00	Replace lost pool key
Fee on warrant for possession	$258.00	Fee on warrant for possession
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,408.20
Total payable by Tenant to Landlord	$3,408.20

Claims and awards for application 5106488 — net $3,408.20 NZD. Verify on MoJ.

Rent arrears to 31 October 2024

Amount: $1,285.71
Awarded to: Landlord
Reason: Rent arrears to 31 October 2024

Utilities - water and power

Amount: $839.69
Awarded to: Landlord
Reason: Utilities - water and power

Repairs: damage to oven

Amount: $376.50
Awarded to: Landlord
Reason: Repairs: damage to oven

Cleaning and carpet cleaning

Amount: $793.50
Awarded to: Landlord
Reason: Cleaning and carpet cleaning

Lock/key replacement

Amount: $325.80
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears

Order

Aubynee Batterham must pay Bayleys Real Estate Limited as agent for Carla Crabb Family Trust (Richard Crabb) $3,408.20 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $523.00 (3501365-013) to Bayleys Real Estate Limited as agent for Carla Crabb Family Trust (Richard Crabb) immediately.

Reasons

Ms Zhou represented the landlord. The tenant did not attend 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?

The tenancy ended on 19 October 2024 by order of the Tribunal dated 15 October 2024 – see [2024] NZTT 4975093. The tenant remained in possession until 31 October 2024 and remains liable for rent until then.
The landlord provided rent records, and water rates and power invoices from the Body Corporate which prove the amounts 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 (RTA).
The tenant did not leave the premises reasonably clean and tidy when they vacated the tenancy.
The tenant did not return all the keys nor the pool key.

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.
The following damage was caused during the tenancy: there was damage to the oven that had to be repaired. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved by invoices and photos and by the evidence Ms Zhou gave at the hearing.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

Tenancy Tribunal case 5106488 — Rent arrears at Unit/Flat 37, 11 The Avenue, Albany, Auckland 0632

At a glance

Tenancy Tribunal case 5106488 — Rent arrears at Unit/Flat 37, 11 The Avenue, Albany, Auckland 0632

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