Mum confronts thieving property manager

Pauline Hauseman spoke in court about her hurt at being ripped off by Tracy Botica. Photo / Michael Cunningham

Pauline Hauseman lost her son and was undergoing chemotherapy while a property manager she dealt with took more than $1500 in rent and bond payments before giving her the runaround.

She went to the Whangarei District Court last week to look former Guardian Property Management Services' employee Tracy Botica "in the eye" and see if she could recoup her money.

Botica, 47, had earlier pleaded guilty to three charges of theft by a person in a special relationship and appeared for sentencing last week. She stole $26,296 from tenants of rented homes by not lodging bond payments and withdrawing money from her employer's account. Sentencing was adjourned so the court could consider options apart from jail.

Judge Greg Davis said the adjournment was Botica's chance to come up with a suitable address for an electronically monitored sentence, although all sentencing options remained open.

Ms Hauseman, 54, said she paid Botica $1550 in bond and one week's rent in October 2013 for an apartment in Central Ave, Whangarei, and was given a receipt after she hounded the property manager. She claimed only $1240 was refunded to her by a man who took over from Botica.

Two to three days before moving in, she said Botica had rung to say those occupying the property had still not moved out. Ms Hauseman then had to spend $649 to stay in a Whangarei hotel for a week before moving into the apartment.

She indicated her willingness to speak in court from the public gallery which was allowed by Judge Davis.

"I am really hurt [by Botica's actions] and that's why I am here and standing up for my rights as a person," she said.

She asked the judge for an order in respect of the balance she was entitled to be refunded plus the hotel bill. Outside court, Ms Hauseman said Botica deserved whatever punishment she received from the court. "I wanted to come and look at her in the face and say, 'Have you got any conscience or remorse for what you have done'?"

Botica will be sentenced on May 12.

The charges she is facing carry a maximum penalty of seven years in jail.

Concerns over her bond collection practices were first raised in the Northern Advocate last October by tenant Nicole Jones. Under the Residential Tenancies Act, a landlord must lodge the bond with the Bond Centre within 23 working days after receiving the money. Failure to lodge the bond is unlawful and exemplary damages of up to $1000 may be awarded by the Tenancy Tribunal.

Guardian Property Management Services is no longer operating and the Registrar of Companies is in the process of removing it from the register.