What was the outcome of Tenancy Tribunal case 5421038?

The tribunal order states: Edmore Zheve and Ashel Venenchia manyange must pay Zion Lee, Chunlei

How much money was awarded in case 5421038?

Cleaning: $1,000.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $4,000.00 awarded to landlord; Property Damage: $274.50 awarded to landlord; Property Damage: $267.15 awarded to landlord; Rent Arrears: $4,304.75 awarded to landlord; Replace Furnishings: Curtains: $664.96 awarded to landlord; Water Rates: $388.08 awarded to landlord

What type of tenancy dispute was case 5421038?

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

Where can I read the official tribunal order for case 5421038?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13390866-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5421038?

The tribunal order states: Edmore Zheve and Ashel Venenchia manyange must pay Zion Lee, Chunlei

How much money was awarded in case 5421038?

Cleaning: $1,000.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $4,000.00 awarded to landlord; Property Damage: $274.50 awarded to landlord; Property Damage: $267.15 awarded to landlord; Rent Arrears: $4,304.75 awarded to landlord; Replace Furnishings: Curtains: $664.96 awarded to landlord; Water Rates: $388.08 awarded to landlord

What type of tenancy dispute was case 5421038?

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

Where can I read the official tribunal order for case 5421038?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13390866-Tenancy_Tribunal_Order.pdf.

15 Pixie Place, Pakuranga Heights, Auckland 2010 Tenancy Tribunal Case 5421038 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5421038 — net $8,127.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 December 2025	$4,304.75	Rent arrears to 29 December 2025
Water rates	$388.08	Water rates
Insurance excess (4	$4,000.00	Insurance excess (4
Replace furnishings: Curtains	$664.96	Replace furnishings: Curtains
Oven replacement 50	$274.50	Oven replacement 50
Dishwasher replacement 50	$267.15	Dishwasher replacement 50
Cleaning: and painting	$1,000.00	Cleaning: and painting
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,127.44
Total payable by Tenant to Landlord	$8,127.44

Edmore Zheve and Ashel Venenchia manyange must pay Zion Lee, Chunlei Ma, and Zhengze William Lee as trustee of the Sokon Family Trust $8,127.44 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,800.00 (BN-17443272) to Zion Lee, Chunlei Ma, and Zhengze William Lee as trustee of the Sokon Family Trust immediately.

Reasons

The landlord attended the hearing held on 2 April 2026. The tenant did not attend the hearing.

The tenant had requested an adjournment on 25 March 2026 because he was not in Auckland on the day of the hearing. The adjournment was declined because there are two tenants, and the request did not say that both were unavailable.

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 was for a fixed term due to end on 29 March 2026. The tenants vacated the premises on 17 November 2025.

As this is a fixed term tenancy the tenant is liable for the rent to the end of the fixed term or when a new tenancy begins whichever is the earlier.

Even though the landlord was not able to secure a new tenancy until sometime in 2026 they only seek rent arrears to 29 December 2025 which is the date that repairs were concluded, and they could relist the property for new tenants.

The rent arrears up until 29 December 2025 amount to $4,304.75.

The water rates for the months from April 2025 until 17 November amounted to $509.68. The tenant had paid $121.60 toward water which is deducted. The final amount owing for water is $388.08.

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 did not leave the premises reasonably clean and tidy.

The premises were damaged and unclean due to human waste. The landlord produced a report from the carpet cleaning company which records that the carpet in all three bedrooms had a lot of stains including defecation. The report concluded that all carpets are beyond repair and in bedroom 3 the subfloor was compromised and was urine soaked. All the carpet was beyond repair.

Due to the odour from the human waste the landlord replaced the curtains which were badly damaged. The landlord seeks the cost of cleaning and painting some of the walls due to the odour penetrating the wall covering.

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 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: carpet damage (insurance excess x 4), damage to oven and dishwasher. The landlord only seeks 50% for replacement of the oven and dishwasher.

The amounts ordered are proved.

Because Zion Lee, Chunlei Ma, and Zhengze William Lee as trustee of the Sokon Family Trust has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5421038 — net $8,127.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 December 2025	$4,304.75	Rent arrears to 29 December 2025
Water rates	$388.08	Water rates
Insurance excess (4	$4,000.00	Insurance excess (4
Replace furnishings: Curtains	$664.96	Replace furnishings: Curtains
Oven replacement 50	$274.50	Oven replacement 50
Dishwasher replacement 50	$267.15	Dishwasher replacement 50
Cleaning: and painting	$1,000.00	Cleaning: and painting
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,127.44
Total payable by Tenant to Landlord	$8,127.44

Order

Edmore Zheve and Ashel Venenchia manyange must pay Zion Lee, Chunlei Ma, and Zhengze William Lee as trustee of the Sokon Family Trust $8,127.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,800.00 (BN-17443272) to Zion Lee, Chunlei Ma, and Zhengze William Lee as trustee of the Sokon Family Trust immediately.

Reasons

The landlord attended the hearing held on 2 April 2026. The tenant did not attend the hearing.
The tenant had requested an adjournment on 25 March 2026 because he was not in Auckland on the day of the hearing. The adjournment was declined because there are two tenants, and the request did not say that both were unavailable.
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 was for a fixed term due to end on 29 March 2026. The tenants vacated the premises on 17 November 2025.
As this is a fixed term tenancy the tenant is liable for the rent to the end of the fixed term or when a new tenancy begins whichever is the earlier.
Even though the landlord was not able to secure a new tenancy until sometime in 2026 they only seek rent arrears to 29 December 2025 which is the date that repairs were concluded, and they could relist the property for new tenants.
The rent arrears up until 29 December 2025 amount to $4,304.75.
The water rates for the months from April 2025 until 17 November amounted to $509.68. The tenant had paid $121.60 toward water which is deducted. The final amount owing for water is $388.08.

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 did not leave the premises reasonably clean and tidy.
The premises were damaged and unclean due to human waste. The landlord produced a report from the carpet cleaning company which records that the carpet in all three bedrooms had a lot of stains including defecation. The report concluded that all carpets are beyond repair and in bedroom 3 the subfloor was compromised and was urine soaked. All the carpet was beyond repair.
Due to the odour from the human waste the landlord replaced the curtains which were badly damaged. The landlord seeks the cost of cleaning and painting some of the walls due to the odour penetrating the wall covering.

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 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: carpet damage (insurance excess x 4), damage to oven and dishwasher. The landlord only seeks 50% for replacement of the oven and dishwasher.
The amounts ordered are proved.
Because Zion Lee, Chunlei Ma, and Zhengze William Lee as trustee of the Sokon Family Trust has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5421038 — Property damage at 15 Pixie Place, Pakuranga Heights, Auckland 2010

At a glance

Tenancy Tribunal case 5421038 — Property damage at 15 Pixie Place, Pakuranga Heights, Auckland 2010

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?

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 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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions