What was the outcome of Tenancy Tribunal case 5057792?

The tribunal order states: Xindui (Xavier) YU must pay CHNZ Property Limited as Agent for Yifeng &

How much money was awarded in case 5057792?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,883.26 awarded to landlord; Water Rates: $106.40 awarded to landlord

What type of tenancy dispute was case 5057792?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5057792?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11480611-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5057792?

The tribunal order states: Xindui (Xavier) YU must pay CHNZ Property Limited as Agent for Yifeng &

How much money was awarded in case 5057792?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,883.26 awarded to landlord; Water Rates: $106.40 awarded to landlord

What type of tenancy dispute was case 5057792?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5057792?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11480611-Tribunal_Order.pdf.

Unit/Flat Unit 1, 246 Kepa Road, Mission Bay, Auckland Tenancy Tribunal Case 5057792 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5057792 — net $1,836.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 December 2024	$4,883.26	2. The landlord has applied for rent arrears, water rates arrears and compensation for reletting costs.
Water rates	$106.40	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,836.66
Total payable by Tenant to Landlord	$1,836.66

Both parties attended the hearing which was held by videoconference.

The landlord has applied for rent arrears, water rates arrears and compensation for reletting costs. The claims for wall damage are withdrawn.

No cross application has been fined by the tenant as contemplated by the Tribunal’s Order dated 3 December 2024 to 4 July 2025. Background

The parties entered into a residential tenancy agreement for a fixed term from 5 July 2024 to 4 July 2025.

Before the tenancy began the tenancy clarified his intentions with the landlord as follows: “As I will hold a Beauty and Body health care business like home office while I live in this property, I might need to put a temporary sign board outside during working hours which is not permanently fixed on the house......” The landlord agreed.

On 11 October 2024 the landlord received a letter from a lawyer engaged by the developers saying: “As you know we act for the developer Location (246) Limited. We are advised that your client is in breach of the Land Covenant 12978367.1 registered against all titles within the development. Your client is allowing the property at 1/246 Kepka Road to be used for commercial purposes namely a massage parlour. Signage has been placed on the building to advertise this commercial activity......We trust it will not be necessary for you client to enforce the terms of the Land Covenant and that your client will immediately desist from using the property for commercial purposes and will remove the signage forthwith....”

The landlord contacted the tenant and asked that he comply.

A dispute arose with the tenant claiming he was entitled to be doing what he was doing as part of the agreement with the landlord.

Further warning letters were received from the developer and the landlord brought this application for termination of the tenancy for breach of the agreement and of s.40(1)(b) RTA, both of which require that the premises be occupied principally for residential purposes.

The tenant stopped paying rent after a payment on 17 October 2024 which had paid the rent to 24 October 2024.

The tenant vacated and returned the keys to the landlord on 6 December 2024.

A new tenancy started on 16 December 2024. The landlord claims rent from the tenant to 15 December 2024 Findings

While the landlord claims the tenant was in breach of his obligations, the actual reason the tenancy needed to end was because the tenant’s use of signage at the premises and conducting commercial activity there (whether or not the principal use of the premises) had been agreed to by the landlord but was prohibited by the land covenant on the title ie. the landlord was not able to honour its agreement with the tenant, because of the covenant.

That being so, while the tenant should be required to pay rent and water rates while in possession/ occupation of the premises, it would not be just to require that he pay rent after that date, until the start of a new tenancy.

The landlord’s evidence proved the amount of rent and water rates owing to that date.

The same reasoning applies to the claim that the tenant should pay for the costs of finding a new tenant.

I make it clear that this Order deals only with the landlord’s claim, I make no finding about whether the tenant is entitled to compensation for early termination of the tenancy. If sought, that would need to be the subject of a separate claim by the tenant, as noted in the 3 December 2024 Order.

Because the landlord has substantially succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5057792 — net $1,836.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 December 2024	$4,883.26	2. The landlord has applied for rent arrears, water rates arrears and compensation for reletting costs.
Water rates	$106.40	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,836.66
Total payable by Tenant to Landlord	$1,836.66

Order

Xindui (Xavier) YU must pay CHNZ Property Limited as Agent for Yifeng & Chenyan (Grace) Deng & Li $1,836.66 immediately, as follows:
The Bond Centre is to pay the bond of $3,180.00 (6540706-006) to CHNZ Property Limited as Agent for Yifeng & Chenyan (Grace) Deng & Li immediately.

Reasons

Both parties attended the hearing which was held by videoconference.
The landlord has applied for rent arrears, water rates arrears and compensation for reletting costs. The claims for wall damage are withdrawn.
No cross application has been fined by the tenant as contemplated by the Tribunal’s Order dated 3 December 2024 to 4 July 2025. Background
The parties entered into a residential tenancy agreement for a fixed term from 5 July 2024 to 4 July 2025.
Before the tenancy began the tenancy clarified his intentions with the landlord as follows: “As I will hold a Beauty and Body health care business like home office while I live in this property, I might need to put a temporary sign board outside during working hours which is not permanently fixed on the house......” The landlord agreed.
On 11 October 2024 the landlord received a letter from a lawyer engaged by the developers saying: “As you know we act for the developer Location (246) Limited. We are advised that your client is in breach of the Land Covenant 12978367.1 registered against all titles within the development. Your client is allowing the property at 1/246 Kepka Road to be used for commercial purposes namely a massage parlour. Signage has been placed on the building to advertise this commercial activity......We trust it will not be necessary for you client to enforce the terms of the Land Covenant and that your client will immediately desist from using the property for commercial purposes and will remove the signage forthwith....”
The landlord contacted the tenant and asked that he comply.
A dispute arose with the tenant claiming he was entitled to be doing what he was doing as part of the agreement with the landlord.
Further warning letters were received from the developer and the landlord brought this application for termination of the tenancy for breach of the agreement and of s.40(1)(b) RTA, both of which require that the premises be occupied principally for residential purposes.
The tenant stopped paying rent after a payment on 17 October 2024 which had paid the rent to 24 October 2024.
The tenant vacated and returned the keys to the landlord on 6 December 2024.
A new tenancy started on 16 December 2024. The landlord claims rent from the tenant to 15 December 2024 Findings
While the landlord claims the tenant was in breach of his obligations, the actual reason the tenancy needed to end was because the tenant’s use of signage at the premises and conducting commercial activity there (whether or not the principal use of the premises) had been agreed to by the landlord but was prohibited by the land covenant on the title ie. the landlord was not able to honour its agreement with the tenant, because of the covenant.
That being so, while the tenant should be required to pay rent and water rates while in possession/ occupation of the premises, it would not be just to require that he pay rent after that date, until the start of a new tenancy.
The landlord’s evidence proved the amount of rent and water rates owing to that date.
The same reasoning applies to the claim that the tenant should pay for the costs of finding a new tenant.
I make it clear that this Order deals only with the landlord’s claim, I make no finding about whether the tenant is entitled to compensation for early termination of the tenancy. If sought, that would need to be the subject of a separate claim by the tenant, as noted in the 3 December 2024 Order.
Because the landlord has substantially succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5057792 — Rent arrears at Unit/Flat Unit 1, 246 Kepa Road, Mission Bay, Auckland

At a glance

Tenancy Tribunal case 5057792 — Rent arrears at Unit/Flat Unit 1, 246 Kepa Road, Mission Bay, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions