What was the outcome of Tenancy Tribunal case 4724089?

The tribunal order states: Donna Green and David Blakeborough-Green must pay Grovefield Joal Limited

How much money was awarded in case 4724089?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4724089?

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

Where can I read the official tribunal order for case 4724089?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10090580-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4724089?

The tribunal order states: Donna Green and David Blakeborough-Green must pay Grovefield Joal Limited

How much money was awarded in case 4724089?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4724089?

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

Where can I read the official tribunal order for case 4724089?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10090580-Tenancy_Tribunal_Order.pdf.

33 Ashlynne Avenue, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 4724089 — Rent arrears

Order

Donna Green and David Blakeborough-Green must pay Grovefield Joal Limited $9067.02 immediately, being rent arrears to 7 November 2023, water bills, compensation and filing fee, as calculated, and set out below: DescriptionLandlord Rent arrears$8815.71 Water rates$844.06 Cleaning$1,380.00 Filing fee reimbursement$20.44 Carpet repairs$529.05 Window repairs$151.13 Light bulbs/batteries$46.63 Total award$11,787,02 Minus Bond$2,720.00 Total payable by Tenant to Landlord$9067.02
The Bond Centre is to pay the bond of $2,720.00 (5157285-010) to Grovefield Joal Limited immediately.

Reasons

Both parties attended the hearing, the landlord in person and tenant on the phone.
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 7 November 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The rent records show arrears of $8815.71 and water bills of $844.06.
I am satisfied the landlord has proven their claim for rent arrears and water bills.

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 landlord provided the Tribunal with a final exit inspection report and photographs, which show that the property was not left in a reasonable clean and tidy condition. The house and carpet were dirty, there was rubbish left throughout the house and property.
The landlord provided an invoice from Ecotize dated 20 November 2023 for $1380.00 for the costs of cleaning and rubbish removal.
The tenant did not return the keys, but the landlord is not claiming for the cost of replacement keys.
The landlord had to replace light bulbs at the end of the tenancy. An invoice was provided to the Tribunal for $46.63.
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 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.
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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A) (a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B (1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: -Ripped carpet. -Broken windows
The landlord provided invoices from Wotta Carpets dated 22 November 2023 for $529.05 for the cost of patching the carpet. The photographs show three areas where the carpet has been ripped. The landlord provided a photograph from an inspection report dated 10 August 2022 showing no rips in the carpet.
The landlord seeks to claim the cost of repairing two broken windows. An invoice was provided from Papatoetoe Glass dated 22 November 2023 for $151.13 to replace broken windows.
The damage has clearly happened 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.
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.
However, I make no adjustment for depreciation as the carpet was merely patched and not replaced. The cost claimed by the landlord for the carpet and broken windows were very reasonable.
Because Grovefield Joal Limited has wholly succeeded with the claim I must reimburse the filing fee.
The bond is to be refunded to the landlord immediately from the Bond Centre.

Tenancy Tribunal case 4724089 — Rent arrears at 33 Ashlynne Avenue, Papatoetoe, Auckland 2025

Tenancy Tribunal case 4724089 — Rent arrears at 33 Ashlynne Avenue, Papatoetoe, Auckland 2025

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?

Property management

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?

Property management