What was Tenancy Tribunal case 5300516 about?

The tribunal order states: [A purported tenant] is removed as a party to these proceedings.

How much money was awarded in case 5300516?

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 5300516?

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

Where can I read the official tribunal order for case 5300516?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13152648-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5300516 about?

The tribunal order states: [A purported tenant] is removed as a party to these proceedings.

How much money was awarded in case 5300516?

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 5300516?

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

Where can I read the official tribunal order for case 5300516?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13152648-Tribunal_Order_Redacted.pdf.

35 Larissa Avenue, Henderson, Auckland 0610 Tenancy Tribunal Case 5300516 — Rent arrears

Order

[A purported tenant] is removed as a party to these proceedings.
[The purported tenant’s] name and identifying details must not be published.
Scott Bruce Baird must pay Deji Feng and Ezystayz Limited as agent for Deji Feng $9,957.83 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,280.00 ([Bond number suppressed]) Ezystayz Limited as agent for Deji Feng immediately. DescriptionLandlord Rent arrears to 30 June 2026$5,120.00 Water rates$616.33 Rubbish removal$2,500.00 Water pipes HWC replacement$2,500.00 Window repair and lock replacement$438.50 Cleaning, lawns and garden work$1,035.00 Filing fee reimbursement$28.00 Total award$12,237.83 Bond$2,280.00 Total amount Mr Baird must pay the landlord$9,957.83

Reasons

Preliminary matters, parties

Daniel Zhang, the property manager, attended the hearing by telephone.
[Purported tenant’s name], who had been named as a tenant in these proceedings, attended the hearing in person.
Mr Baird did not attend or answer his telephone when called. The hearing proceeded in his absence.
Ms [purported tenant’s surname] in the premises at the beginning of the tenancy on 16 February 2021 but moved out in April of 2024. 1 Moreover, for the second fixed-term tenancy agreement executed on about 20 February 2022, Mr Baird was named as the sole tenant and was the sole signatory as tenant. She was not legally a tenant from that date. Even if she were technically a tenant, I would have found her not liable because she had moved out prior to the events that bring this matter before the Tribunal. 2
Ms [purported tenant’s surname] is not liable under the claim and is removed as a party. It is in the public interest to order non-publication because she should not be unfairly impugned by association with Mr Baird. 3
The landlord has applied for rent and water arrears, compensation, reimbursement of the filing fee, and payment over of the bond following the end of the tenancy.

How much is owed for rent and water rates?

The Tribunal terminated the tenancy on 30 June 2025 due to Mr Baird’s abandonment of the premises.
The landlord provided rent and water records, and Mr Zhang gave oral evidence which prove the amounts owing at the end of the tenancy for rent and water. 1 I heard evidence under promise from an associated person who confirmed this tenant was not living in the premises in late 2024 nor thereafter. 2 In this regard, see s 85 of the Residential Tenancies Act 1986 (RTA). 3 I make this decision pursuant to the s 95A(1) and (4) of the RTA.

Did the tenant comply with their obligations at the end of the tenancy?

The landlord claims the tenant did not leave the premises reasonably clean and tidy or remove their belongings and rubbish.
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. 4
The landlord provided photographs that prove the tenant did not leave the premises reasonably clean and tidy (including the lawns and garden) and did not remove all their rubbish.
For the rubbish removal, the tenant need only pay the landlord’s insurance excess of $2,500.00.
The landlord provided an invoice for the cleaning and garden work. The landlord’s loss being proven, the Tribunal orders compensation as set out in the table above.

Is the tenant liable for the damage to the premises?

During the tenancy, the tenant cut away copper piping presumably for sale as scrap. The resulting lack of water destroyed the hot water cylinder.
The damage to the premises occurred during the tenancy and is more than fair wear and tear. The tenant has not proved they did not carelessly or intentionally cause or permit the damage. 5
Again, the tenant need only pay the landlord’s excess for the damage because the damage was covered by the insurer.
A window was damaged, and the locks had to be replaced. The insurer covered $1,000.00 of the cost leaving the landlord with a cost of $438.00. 6
I find the claims proven and order compensation as set out in the table above. Filing fee
The tenant must reimburse the landlord for the filing fee. 4 RTA s 40(1)(e)(ii)-(v). 5 RTA ss 40(2)(a), 41, and 49B. 6 RTA s 40(1)(e)(iv). Bond
I direct the Bond Centre to release the bond to the landlord in part payment of the tenant’s debt under this order.

Order

[A purported tenant] is removed as a party to these proceedings.
[The purported tenant’s] name and identifying details must not be published.
Scott Bruce Baird must pay Deji Feng and Ezystayz Limited as agent for Deji Feng $9,957.83 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,280.00 ([Bond number suppressed]) Ezystayz Limited as agent for Deji Feng immediately. DescriptionLandlord Rent arrears to 30 June 2026$5,120.00 Water rates$616.33 Rubbish removal$2,500.00 Water pipes HWC replacement$2,500.00 Window repair and lock replacement$438.50 Cleaning, lawns and garden work$1,035.00 Filing fee reimbursement$28.00 Total award$12,237.83 Bond$2,280.00 Total amount Mr Baird must pay the landlord$9,957.83

Reasons

Preliminary matters, parties

Daniel Zhang, the property manager, attended the hearing by telephone.
[Purported tenant’s name], who had been named as a tenant in these proceedings, attended the hearing in person.
Mr Baird did not attend or answer his telephone when called. The hearing proceeded in his absence.
Ms [purported tenant’s surname] in the premises at the beginning of the tenancy on 16 February 2021 but moved out in April of 2024. 1 Moreover, for the second fixed-term tenancy agreement executed on about 20 February 2022, Mr Baird was named as the sole tenant and was the sole signatory as tenant. She was not legally a tenant from that date. Even if she were technically a tenant, I would have found her not liable because she had moved out prior to the events that bring this matter before the Tribunal. 2
Ms [purported tenant’s surname] is not liable under the claim and is removed as a party. It is in the public interest to order non-publication because she should not be unfairly impugned by association with Mr Baird. 3
The landlord has applied for rent and water arrears, compensation, reimbursement of the filing fee, and payment over of the bond following the end of the tenancy.

How much is owed for rent and water rates?

The Tribunal terminated the tenancy on 30 June 2025 due to Mr Baird’s abandonment of the premises.
The landlord provided rent and water records, and Mr Zhang gave oral evidence which prove the amounts owing at the end of the tenancy for rent and water. 1 I heard evidence under promise from an associated person who confirmed this tenant was not living in the premises in late 2024 nor thereafter. 2 In this regard, see s 85 of the Residential Tenancies Act 1986 (RTA). 3 I make this decision pursuant to the s 95A(1) and (4) of the RTA.

Did the tenant comply with their obligations at the end of the tenancy?

The landlord claims the tenant did not leave the premises reasonably clean and tidy or remove their belongings and rubbish.
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. 4
The landlord provided photographs that prove the tenant did not leave the premises reasonably clean and tidy (including the lawns and garden) and did not remove all their rubbish.
For the rubbish removal, the tenant need only pay the landlord’s insurance excess of $2,500.00.
The landlord provided an invoice for the cleaning and garden work. The landlord’s loss being proven, the Tribunal orders compensation as set out in the table above.

Is the tenant liable for the damage to the premises?

During the tenancy, the tenant cut away copper piping presumably for sale as scrap. The resulting lack of water destroyed the hot water cylinder.
The damage to the premises occurred during the tenancy and is more than fair wear and tear. The tenant has not proved they did not carelessly or intentionally cause or permit the damage. 5
Again, the tenant need only pay the landlord’s excess for the damage because the damage was covered by the insurer.
A window was damaged, and the locks had to be replaced. The insurer covered $1,000.00 of the cost leaving the landlord with a cost of $438.00. 6
I find the claims proven and order compensation as set out in the table above. Filing fee
The tenant must reimburse the landlord for the filing fee. 4 RTA s 40(1)(e)(ii)-(v). 5 RTA ss 40(2)(a), 41, and 49B. 6 RTA s 40(1)(e)(iv). Bond
I direct the Bond Centre to release the bond to the landlord in part payment of the tenant’s debt under this order.

Tenancy Tribunal case 5300516 — Rent arrears at 35 Larissa Avenue, Henderson, Auckland 0610

Tenancy Tribunal case 5300516 — Rent arrears at 35 Larissa Avenue, Henderson, Auckland 0610

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 liable for the damage to the premises?

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 liable for the damage to the premises?