What was Tenancy Tribunal case 4742609 about?

The tribunal order states: The Bond Centre is to pay the bond of $1,520.00 ([Bond number suppressed])

How much money was awarded in case 4742609?

Cleaning: $30.00 awarded to tenant; Compensation: Power: $20.00 awarded to tenant; Compensation: Relocation Costs: $500.00 awarded to tenant; Cleaning: $50.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4742609?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4742609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10120125-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4742609 about?

The tribunal order states: The Bond Centre is to pay the bond of $1,520.00 ([Bond number suppressed])

How much money was awarded in case 4742609?

Cleaning: $30.00 awarded to tenant; Compensation: Power: $20.00 awarded to tenant; Compensation: Relocation Costs: $500.00 awarded to tenant; Cleaning: $50.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4742609?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4742609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10120125-Tribunal_Order_Redacted.pdf.

Unit/Flat 21, 373 Khyber Pass Road, Newmarket, Auckland Tenancy Tribunal Case 4742609 — Cleanliness

Claims and awards in Tenancy Tribunal application 4742609 — net $620.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Relocation Costs	$500.00	Relocation Costs
Compensation: Cleaning products	$30.00	Cleaning products
Compensation: Time to clean	$50.00	Time to clean
Compensation: power	$20.00	power
Filing Fee	$20.44	Filing Fee
Net award	$620.44
Bond	$1,520.00
Total payable by Landlord to Tenant	$620.44

Order

The Bond Centre is to pay the bond of $1,520.00 ([Bond number suppressed]) to [The tenant/s] immediately.
Trusted Property Management Limited As Agent For Dan, Zhu Michelle (Yifei) Chen must pay [The tenant/s] $620.44 immediately as per the table below:
Dan Zhu and Jian Gu’s cross-application is dismissed.

Reasons

Both parties attended the hearing. [The tenant/s] with her support person, her mother. Mr Dan Zhu and Ms Jian Gu, the owners.
It was established early in the hearing that Trusted Property Management only assisted the owners to locate a tenant and the owners took over the tenancy on or about the 7 th of November 2024. Tenancy Agreement and Bond
[The tenant/s] claims the landlords were misleading in their dealings with her. She says there were several versions of the Tenancy Agreement and a bond form that were unilaterally changed by the owners. She says she was dealing with an agent and then the owners which left her confused about who was responsible for her tenancy.
[The tenant/s] provided a bond form which was changed. Mr Zhu accepts it was changed due to a mistake on the agent’s part as the name on the bond should have been Ms Gu, rather than him.
Both parties agree the bond is with the Bond Centre.
After hearing from both parties, I do not believe there was any intention by the landlords to mislead [The tenant/s] about who the parties were to the agreement and bond.
This appears a genuine mistake that could have been corrected in a better way by the landlord. As there was no loss of bond that was filed incurred for this, I do not award any compensation. Mr Zhu is reminded it may be more appropriate for him to use an agent to avoid mixups about the parties to a tenancy. Compensation for not Receiving Healthy Homes report
[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must, if requested by the tenant, supply the records or other documents that relate to the landlords’ compliance with the Healthy Homes Standards within 21 days after receiving the request.
Breaching any of these obligations without a reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $750.00. See section 45(1AD) and Schedule 1A Residential Tenancies Act 1986.
Mr Zhu provided [The tenant/s] with the Healthy Homes information within 21 days of the initial request by 8 November 2023. This claim is dismissed. Compensation for Failure to Maintain
[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must provide the premises in a reasonable state of cleanliness and provide and maintain the premises in a reasonable state of repair.
Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.
[The tenant/s] issued a 14 day notice on 13 November 2023. She says from the beginning the landlord failed to provide a property free of black mould and mildew. The tenant says the place smelt damp and had a lot of moisture. The tenant says even though the landlord came back to clean the property, she had to clean it again, costing her time and cleaning products.
[The tenant/s] says she would not have moved into the apartment on 7 November 2024 if she had known the condition was not good enough. She says when she viewed the place, the windows were open and there was no damp smell.
[The tenant/s] says she suffered relocation costs from [city]. She wants compensation for relocation from [city] and towards her moving her items out again.
[The tenant/s] says she booked an AIRBNB for her and her mother and brother for 8 nights on the 12 th of November as she needed somewhere to stay and her family came to support her during this stressful time. She claims a portion of her Airbnb stay which was a 5 bed place.
[The tenant/s] provided videos and photos of the mould, her belongings that were in boxes in the premises and video of her cleaning the windows/frames in the kitchen.
She has provided receipts of her claims.
The landlord says the tenant was being unreasonable, that the property was cleaned twice on the 6 th and 7 th of November and that efforts were made to rectify the shower by installing a shower head. The landlord says the property is North facing and not damp. The landlord denies any mould.
The premises is old and tired condition. There are mould and mildew spots in places that would be hard to clean for a standard type clean. It may require professional cleaners.
The tenant has high expectations that the landlord was not able to meet in this type of property.
The landlord used his best endeavours to clean the property. I find they did not commit an unlawful act but owe compensation to [The tenant/s] for the property not being in the condition that would be reasonable, ie, free from black mould.
On that basis, I award [The tenant/s] some compensation towards her relocation $500.00, Cleaning products $30.00, power $20.00 and time $50.00.
I do not award any compensation for the Airbnb as [The tenant/s] did not pay her second week rent and I consider appropriate in lieu of rent arrears owing as per the claim made by Mr Zhu.
Given the tenancy ended by mutual agreement on 20 November 2023, the other matters raised by [The tenant/s] in her breach notice were not remedied within the tenancy timeframe and the other parts of the claim dismissed.
Mr Zhu says the premises have remained vacant since 20 November 2023. Landlord’s Claims
Mr Zhu claims one week rent arrears and compensation for: (a)damage to the floor due to tenant negligently using washing machine. (b)carpet cleaning. (c)installing new shower head. (d)letting fees. (e)washing machine servicing.
As indicated in 25 above, [The tenant/s] does not need to pay the second week of rent even though the parties negotiated an end to the tenancy to be 20 November 2023. Looking at the situation overall, it would seem both parties were fed up of dealing with each other by 13 November 2023 and agreed to end the tenancy.
Mr Zhu claims [The tenant/s] damaged the floor and there was no washing machine leak. Because his claim is for damage to the floor, but no repair done and no loss incurred, the Tribunal does not award any compensation.
Mr Zhu said the old shower head did not need replacing. [The tenant/s] showed a video of a shower drip. The shower head is likely over 50 years old and has been replaced. The new shower head does not drip. I am satisfied the landlord fixed the problem and the onus is on him to ensure the property is maintained at his cost.
Mr Zhu claimed carpet cleaning, but his invoice was for a clean done prior to [The tenant/s] moving in. This is a business expense and for the landlord to pay.
Mr Zhu wanted to claim letting fees from [The tenant/s]. It is not clear why [The tenant/s] would be liable for letting fees when the agent Mr Zhu had instructed found him a tenant. This claim is dismissed.
Mr Zhu claims washing machine he had serviced this week. He says the machine did not leak. [The tenant/s] disputes this and said she had a video of the leak. From the Tribunal’s point of view, given almost 4 months have passed to rectify matters, this claim is dismissed as the time has passed to provide evidence that is near to the time of the tenancy. Filing Fee
Because [The tenant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Suppression
[The tenant/s] is seeking suppression of identifying details in any publication of this order.
If a party has wholly or substantially succeeded in the proceedings the Tribunal must make the order unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. Section 95A Residential Tenancies Act 1986.
[The tenant/s] has been substantially successful in these proceedings.
Having considered the factors in this case the Tribunal grants suppression as sought of the tenant’s details.
The Tribunal thanks the parties for their measured and thorough presentation.

Claims and awards in Tenancy Tribunal application 4742609 — net $620.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Relocation Costs	$500.00	Relocation Costs
Compensation: Cleaning products	$30.00	Cleaning products
Compensation: Time to clean	$50.00	Time to clean
Compensation: power	$20.00	power
Filing Fee	$20.44	Filing Fee
Net award	$620.44
Bond	$1,520.00
Total payable by Landlord to Tenant	$620.44

Order

The Bond Centre is to pay the bond of $1,520.00 ([Bond number suppressed]) to [The tenant/s] immediately.
Trusted Property Management Limited As Agent For Dan, Zhu Michelle (Yifei) Chen must pay [The tenant/s] $620.44 immediately as per the table below:
Dan Zhu and Jian Gu’s cross-application is dismissed.

Reasons

Both parties attended the hearing. [The tenant/s] with her support person, her mother. Mr Dan Zhu and Ms Jian Gu, the owners.
It was established early in the hearing that Trusted Property Management only assisted the owners to locate a tenant and the owners took over the tenancy on or about the 7 th of November 2024. Tenancy Agreement and Bond
[The tenant/s] claims the landlords were misleading in their dealings with her. She says there were several versions of the Tenancy Agreement and a bond form that were unilaterally changed by the owners. She says she was dealing with an agent and then the owners which left her confused about who was responsible for her tenancy.
[The tenant/s] provided a bond form which was changed. Mr Zhu accepts it was changed due to a mistake on the agent’s part as the name on the bond should have been Ms Gu, rather than him.
Both parties agree the bond is with the Bond Centre.
After hearing from both parties, I do not believe there was any intention by the landlords to mislead [The tenant/s] about who the parties were to the agreement and bond.
This appears a genuine mistake that could have been corrected in a better way by the landlord. As there was no loss of bond that was filed incurred for this, I do not award any compensation. Mr Zhu is reminded it may be more appropriate for him to use an agent to avoid mixups about the parties to a tenancy. Compensation for not Receiving Healthy Homes report
[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must, if requested by the tenant, supply the records or other documents that relate to the landlords’ compliance with the Healthy Homes Standards within 21 days after receiving the request.
Breaching any of these obligations without a reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $750.00. See section 45(1AD) and Schedule 1A Residential Tenancies Act 1986.
Mr Zhu provided [The tenant/s] with the Healthy Homes information within 21 days of the initial request by 8 November 2023. This claim is dismissed. Compensation for Failure to Maintain
[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must provide the premises in a reasonable state of cleanliness and provide and maintain the premises in a reasonable state of repair.
Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.
[The tenant/s] issued a 14 day notice on 13 November 2023. She says from the beginning the landlord failed to provide a property free of black mould and mildew. The tenant says the place smelt damp and had a lot of moisture. The tenant says even though the landlord came back to clean the property, she had to clean it again, costing her time and cleaning products.
[The tenant/s] says she would not have moved into the apartment on 7 November 2024 if she had known the condition was not good enough. She says when she viewed the place, the windows were open and there was no damp smell.
[The tenant/s] says she suffered relocation costs from [city]. She wants compensation for relocation from [city] and towards her moving her items out again.
[The tenant/s] says she booked an AIRBNB for her and her mother and brother for 8 nights on the 12 th of November as she needed somewhere to stay and her family came to support her during this stressful time. She claims a portion of her Airbnb stay which was a 5 bed place.
[The tenant/s] provided videos and photos of the mould, her belongings that were in boxes in the premises and video of her cleaning the windows/frames in the kitchen.
She has provided receipts of her claims.
The landlord says the tenant was being unreasonable, that the property was cleaned twice on the 6 th and 7 th of November and that efforts were made to rectify the shower by installing a shower head. The landlord says the property is North facing and not damp. The landlord denies any mould.
The premises is old and tired condition. There are mould and mildew spots in places that would be hard to clean for a standard type clean. It may require professional cleaners.
The tenant has high expectations that the landlord was not able to meet in this type of property.
The landlord used his best endeavours to clean the property. I find they did not commit an unlawful act but owe compensation to [The tenant/s] for the property not being in the condition that would be reasonable, ie, free from black mould.
On that basis, I award [The tenant/s] some compensation towards her relocation $500.00, Cleaning products $30.00, power $20.00 and time $50.00.
I do not award any compensation for the Airbnb as [The tenant/s] did not pay her second week rent and I consider appropriate in lieu of rent arrears owing as per the claim made by Mr Zhu.
Given the tenancy ended by mutual agreement on 20 November 2023, the other matters raised by [The tenant/s] in her breach notice were not remedied within the tenancy timeframe and the other parts of the claim dismissed.
Mr Zhu says the premises have remained vacant since 20 November 2023. Landlord’s Claims
Mr Zhu claims one week rent arrears and compensation for: (a)damage to the floor due to tenant negligently using washing machine. (b)carpet cleaning. (c)installing new shower head. (d)letting fees. (e)washing machine servicing.
As indicated in 25 above, [The tenant/s] does not need to pay the second week of rent even though the parties negotiated an end to the tenancy to be 20 November 2023. Looking at the situation overall, it would seem both parties were fed up of dealing with each other by 13 November 2023 and agreed to end the tenancy.
Mr Zhu claims [The tenant/s] damaged the floor and there was no washing machine leak. Because his claim is for damage to the floor, but no repair done and no loss incurred, the Tribunal does not award any compensation.
Mr Zhu said the old shower head did not need replacing. [The tenant/s] showed a video of a shower drip. The shower head is likely over 50 years old and has been replaced. The new shower head does not drip. I am satisfied the landlord fixed the problem and the onus is on him to ensure the property is maintained at his cost.
Mr Zhu claimed carpet cleaning, but his invoice was for a clean done prior to [The tenant/s] moving in. This is a business expense and for the landlord to pay.
Mr Zhu wanted to claim letting fees from [The tenant/s]. It is not clear why [The tenant/s] would be liable for letting fees when the agent Mr Zhu had instructed found him a tenant. This claim is dismissed.
Mr Zhu claims washing machine he had serviced this week. He says the machine did not leak. [The tenant/s] disputes this and said she had a video of the leak. From the Tribunal’s point of view, given almost 4 months have passed to rectify matters, this claim is dismissed as the time has passed to provide evidence that is near to the time of the tenancy. Filing Fee
Because [The tenant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Suppression
[The tenant/s] is seeking suppression of identifying details in any publication of this order.
If a party has wholly or substantially succeeded in the proceedings the Tribunal must make the order unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. Section 95A Residential Tenancies Act 1986.
[The tenant/s] has been substantially successful in these proceedings.
Having considered the factors in this case the Tribunal grants suppression as sought of the tenant’s details.
The Tribunal thanks the parties for their measured and thorough presentation.

Tenancy Tribunal case 4742609 — Cleanliness at Unit/Flat 21, 373 Khyber Pass Road, Newmarket, Auckland

At a glance

Tenancy Tribunal case 4742609 — Cleanliness at Unit/Flat 21, 373 Khyber Pass Road, Newmarket, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions