What was the outcome of Tenancy Tribunal case 5183382?

The tribunal order states: Lihong Yang must pay Juntao Lin and Chun Li $649.95 immediately, calculated

How much money was awarded in case 5183382?

Cleaning: $150.00 awarded to landlord; Property Damage: $850.00 awarded to tenant; Water Rates: $50.05 awarded to landlord

What type of tenancy dispute was case 5183382?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5183382?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11747429-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5183382?

The tribunal order states: Lihong Yang must pay Juntao Lin and Chun Li $649.95 immediately, calculated

How much money was awarded in case 5183382?

Cleaning: $150.00 awarded to landlord; Property Damage: $850.00 awarded to tenant; Water Rates: $50.05 awarded to landlord

What type of tenancy dispute was case 5183382?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5183382?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11747429-Tenancy_Tribunal_Order.pdf.

5 Dianne-Louise Drive, Half Moon Bay, Auckland 2012 Tenancy Tribunal Case 5183382 — Property damage

Claims and awards in Tenancy Tribunal application 5183382 — net $649.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates	$50.05		Water rates
Cleaning: kitchen	$150.00		Cleaning: kitchen
Compensation: failure to repair curtains during the		$850.00	failure to repair curtains during the
Total award	$200.05	$850.00
Net award		$649.95
Total payable by Landlord to Tenant		$649.95

Order

Lihong Yang must pay Juntao Lin and Chun Li $649.95 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,440.00 (6475936-002) to Juntao Lin, Chun Li immediately.

Reasons

Both parties attended the hearing.
The tenant has applied for compensation and exemplary damages against the landlord for failing to lodge the bond within the required timeframe and failing to give a receipt on bond payment, and failure to maintain. The tenant also seeks reimbursement of water charges paid during the tenancy.
The landlord has counterclaimed for water rates, 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?

This was a fixed term tenancy which ended on 11 February 2025. I dismiss the landlord’s claim for 3 day’s rent arrears because the landlord failed to provide proper rent records.
Section 30 Residential Tenancies Act 1986 (‘RTA’) obliges landlords under a tenancy to which the Act applies to keep proper business records of rent and bond payments.
Failure to keep and submit a proper rent summary in this instance meant that the landlord has failed to discharge the onus of proving that any rent is outstanding at the end of the tenancy.
In respect of the claim and counterclaim to do with water rates, I accept the landlord’s water rates payments and invoices reconciliation records that the tenant is behind on water rates payments. The few missing payments on the monthly invoices over the course of a year meant that there has ultimately been a shortfall in their payments; this is despite the tenant having paid fixed wastewater charges during the course of the tenancy.
Only the amounts ordered are proved.

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.
Having regard to the evidence adduced by the parties, I find that the tenant did not leave the kitchen rangehood reasonably clean and tidy.
Only the amounts ordered are proved. I have factored in the tenant’s obligation to leave the premises to a reasonably clean and tidy condition only, rather than to a professional standard of cleanliness.

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.
While the curtain was damaged during the tenancy, the tenant has disproved liability for the damage.
Three days into the start of the tenancy, the tenant notified the landlord on the need to look at and repair the curtains which was inoperable in that they could not open and close properly. The landlord did not send any tradesperson to look into the tenant’s complaint during the course of the tenancy.
I consider it understandable that the curtains then fell into disrepair and completely broken down at the end of the tenancy.
I therefore dismiss the landlord’s claim for repair costs to the curtains.

Is the landlord liable to compensate the tenant for failure to maintain?

Juntao Lin claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must: a) provide the premises in a reasonable state of cleanliness b) provide and maintain the premises in a reasonable state of repair c) comply with any relevant enactment in relation to buildings, health and safety
I find an award of $850.00 appropriate compensation for the landlord’s breach in respect of failure to attend and repair the curtains during the tenancy. It was not in order for the landlord to merely defer to the property inspection report at the start of the tenancy to show that the curtains were in good working order.
The tenant has duly notified the landlord of the curtains being faulty right at the start of the tenancy and the landlord must attend to the complaint within a reasonable time after being notified. If the landlord had responded in a timely manner, the cause of the curtain failure may be better known. In reaching the figure of $850.00 I have had regard to the tenant’s daughter’s occupancy of the room and the lack of privacy that she faced.
Only the amounts ordered are proved. Other claims
The tenant’s claims in respect of the alleged failures by the landlord in respect of the bond are unsuccessful. The bond was lodged within 23 working days from the date of payment and the landlord’s agent has duly provided a receipt of bond payment to the tenant immediately by email to the tenant’s address of service.
I also dismiss the landlord’s claim for emotional stress in dealing with the tenants. There is no obligation under the tenancy agreement for the tenant to ensure that the tenancy runs smoothly and free of emotional toil to the landlord. Any breach by the tenant in respect of the tenancy agreement and the RTA should be dealt with by the landlord professionally and in a business-like manner.
The bond is now returned to the tenant in full, based on the parties’ respective successes in their claims set out the table above.

Claims and awards in Tenancy Tribunal application 5183382 — net $649.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates	$50.05		Water rates
Cleaning: kitchen	$150.00		Cleaning: kitchen
Compensation: failure to repair curtains during the		$850.00	failure to repair curtains during the
Total award	$200.05	$850.00
Net award		$649.95
Total payable by Landlord to Tenant		$649.95

Order

Lihong Yang must pay Juntao Lin and Chun Li $649.95 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,440.00 (6475936-002) to Juntao Lin, Chun Li immediately.

Reasons

Both parties attended the hearing.
The tenant has applied for compensation and exemplary damages against the landlord for failing to lodge the bond within the required timeframe and failing to give a receipt on bond payment, and failure to maintain. The tenant also seeks reimbursement of water charges paid during the tenancy.
The landlord has counterclaimed for water rates, 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?

This was a fixed term tenancy which ended on 11 February 2025. I dismiss the landlord’s claim for 3 day’s rent arrears because the landlord failed to provide proper rent records.
Section 30 Residential Tenancies Act 1986 (‘RTA’) obliges landlords under a tenancy to which the Act applies to keep proper business records of rent and bond payments.
Failure to keep and submit a proper rent summary in this instance meant that the landlord has failed to discharge the onus of proving that any rent is outstanding at the end of the tenancy.
In respect of the claim and counterclaim to do with water rates, I accept the landlord’s water rates payments and invoices reconciliation records that the tenant is behind on water rates payments. The few missing payments on the monthly invoices over the course of a year meant that there has ultimately been a shortfall in their payments; this is despite the tenant having paid fixed wastewater charges during the course of the tenancy.
Only the amounts ordered are proved.

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.
Having regard to the evidence adduced by the parties, I find that the tenant did not leave the kitchen rangehood reasonably clean and tidy.
Only the amounts ordered are proved. I have factored in the tenant’s obligation to leave the premises to a reasonably clean and tidy condition only, rather than to a professional standard of cleanliness.

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.
While the curtain was damaged during the tenancy, the tenant has disproved liability for the damage.
Three days into the start of the tenancy, the tenant notified the landlord on the need to look at and repair the curtains which was inoperable in that they could not open and close properly. The landlord did not send any tradesperson to look into the tenant’s complaint during the course of the tenancy.
I consider it understandable that the curtains then fell into disrepair and completely broken down at the end of the tenancy.
I therefore dismiss the landlord’s claim for repair costs to the curtains.

Is the landlord liable to compensate the tenant for failure to maintain?

Juntao Lin claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must: a) provide the premises in a reasonable state of cleanliness b) provide and maintain the premises in a reasonable state of repair c) comply with any relevant enactment in relation to buildings, health and safety
I find an award of $850.00 appropriate compensation for the landlord’s breach in respect of failure to attend and repair the curtains during the tenancy. It was not in order for the landlord to merely defer to the property inspection report at the start of the tenancy to show that the curtains were in good working order.
The tenant has duly notified the landlord of the curtains being faulty right at the start of the tenancy and the landlord must attend to the complaint within a reasonable time after being notified. If the landlord had responded in a timely manner, the cause of the curtain failure may be better known. In reaching the figure of $850.00 I have had regard to the tenant’s daughter’s occupancy of the room and the lack of privacy that she faced.
Only the amounts ordered are proved. Other claims
The tenant’s claims in respect of the alleged failures by the landlord in respect of the bond are unsuccessful. The bond was lodged within 23 working days from the date of payment and the landlord’s agent has duly provided a receipt of bond payment to the tenant immediately by email to the tenant’s address of service.
I also dismiss the landlord’s claim for emotional stress in dealing with the tenants. There is no obligation under the tenancy agreement for the tenant to ensure that the tenancy runs smoothly and free of emotional toil to the landlord. Any breach by the tenant in respect of the tenancy agreement and the RTA should be dealt with by the landlord professionally and in a business-like manner.
The bond is now returned to the tenant in full, based on the parties’ respective successes in their claims set out the table above.

Tenancy Tribunal case 5183382 — Property damage at 5 Dianne-Louise Drive, Half Moon Bay, Auckland 2012

At a glance

Tenancy Tribunal case 5183382 — Property damage at 5 Dianne-Louise Drive, Half Moon Bay, Auckland 2012

At a glance

Award balance

Claims & awards

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?

Is the landlord liable to compensate the tenant for failure to maintain?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

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?

Is the landlord liable to compensate the tenant for failure to maintain?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions