What was the outcome of Tenancy Tribunal case 5302099?

The tribunal order states: Uchun Lee must pay Jiaqiang (Carlos) Zhao and Yue Gao $2,187.15 from the

How much money was awarded in case 5302099?

Cleaning: $747.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,400.00 awarded to landlord; Water Rates: $11.65 awarded to landlord

What type of tenancy dispute was case 5302099?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5302099?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12169886-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5302099?

The tribunal order states: Uchun Lee must pay Jiaqiang (Carlos) Zhao and Yue Gao $2,187.15 from the

How much money was awarded in case 5302099?

Cleaning: $747.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,400.00 awarded to landlord; Water Rates: $11.65 awarded to landlord

What type of tenancy dispute was case 5302099?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5302099?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12169886-Tribunal_Order.pdf.

41 Te Kawa Road, Greenlane, Auckland 1061 Tenancy Tribunal Case 5302099 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5302099 — net $2,187.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 June 2025	$1,400.00	Rent arrears to 26 June 2025
Water rates	$11.65	Water rates
Window repairs and cleaning	$747.50	Window repairs and cleaning
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,187.15
Total payable by Tenant to Landlord	$2,187.15

The landlord attended the hearing which was held by teleconference. The tenant did not attend and could not be contacted by phone.

The tenant did provide a statement which was taken into account. That statement includes claims for compensation. The tenant is entitled to pursue those claims but will need to do so by filing an application with evidence in support in the usual way.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee.

How much is owed for rent and water rates?

The parties entered into a fixed term tenancy for a term from 18 April 2025 to 16 October 2026.

On Friday 16 May 2025, the owner discovered that the key to the premises was in the letterbox and the premises appeared to be uninhabited. The key was given to the property manager the following Monday.

On 19 May 2025 the tenant e-mail the property manager, “.....can you check with the landlord if you took my keys in my friends to look after and also install Wi-Fi products, now my friend can't find the keys. Wonder why I can't find the keys, thought we rent the house and paid for it which stalking customers scary. Is there okay? If not safe I and my kids can't stay?”

The property manager advised the tenant that the keys would be returned to the mailbox the next day.

On 5 June 2025 the police advised the owner, “....last night we attended a serious assault at 41 Te Kawa Rd, Greenlane. The property appeared to be vacant and local police advised us that the address is frequented by random members of the public. We also located a key in the front door of the premises which was presumable found by someone at the address. We have seized this and it is available to be uplifted from the Auckland Police Station...”

The tenant was advised.

The tenant made a last rent payment on 2 June 2025, which paid the rent to 12 June 2025. No further rent payments were made.

The property manager sent 14 day rent arrears notices to the tenant on 18 June 2025 and 23 June 2025. On 26 June 2025 the property manager e-mailed the tenant, “As your rent arrears already 21 days we formally notify you that your tenancy agreement was terminated from now and also as you did not pick up the key from us at 06/06, so we are now on the position to enter the property......”

The tenant responded, “That is not right, the agreement has already been terminated by me, I have never got the key back once the key has been taken away by the police....”.

The tenant required that his bond be refunded. He complained that the landlord had breached the agreement by taking the key from the letterbox.

The owner had the key returned to him by the property manager at the end of June and ended the management agency on 30 June 2025, “......due to the upcoming development of the property.”

My findings are that: a. The landlord was not in fundamental breach of the agreement by securing the key in circumstances where the premises were not left reasonably secure by the tenant. It was not done to end the tenancy. The tenant was immediately advised and able to collect the keys. There is no claim by the tenant for compensation for not having access to the keys for that weekend. b. Security of the premises was the tenant’s responsibility during the tenancy. It was his breach of that responsibility that allowed the premises to be occupied by others, whose actions led to the police involvement and the police detaining the key. The landlord cannot be said to have ended the tenancy because of the police actions in removing the key due to security concerns. c. Although the landlord claims rent to 3 July 2025, the property manager’s e- mail of 26 June 2025 makes it clear that the tenancy had been ended and possession retaken by the landlord on that date. That is the date to which rent should be paid. The rent records provided by the landlord prove the amount owing at that date.

The landlord claims $33.02 for outstanding water rates and has provided the corresponding Watercare invoice. Of that sum only $11.16 is the consumption charge which is the tenant’s responsibility.

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.

Entry and exit photographs provided by the landlord show that the tenant did not leave the premises reasonably clean and tidy. The landlord should be reimbursed the cleaning costs and the cost for repair of a window broken during the tenancy, which are proved by the invoice provided.

Because Jiaqiang (Carlos) Zhao, Yue Gao have substantially succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5302099 — net $2,187.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 June 2025	$1,400.00	Rent arrears to 26 June 2025
Water rates	$11.65	Water rates
Window repairs and cleaning	$747.50	Window repairs and cleaning
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,187.15
Total payable by Tenant to Landlord	$2,187.15

Order

Uchun Lee must pay Jiaqiang (Carlos) Zhao and Yue Gao $2,187.15 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,800.00 (BN-00110340) as follows: Jiaqiang (Carlos) Zhao and Yue Gao - $2,187.15 Uchun Lee- $ 612.85

Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not attend and could not be contacted by phone.
The tenant did provide a statement which was taken into account. That statement includes claims for compensation. The tenant is entitled to pursue those claims but will need to do so by filing an application with evidence in support in the usual way.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee.

How much is owed for rent and water rates?

The parties entered into a fixed term tenancy for a term from 18 April 2025 to 16 October 2026.
On Friday 16 May 2025, the owner discovered that the key to the premises was in the letterbox and the premises appeared to be uninhabited. The key was given to the property manager the following Monday.
On 19 May 2025 the tenant e-mail the property manager, “.....can you check with the landlord if you took my keys in my friends to look after and also install Wi-Fi products, now my friend can't find the keys. Wonder why I can't find the keys, thought we rent the house and paid for it which stalking customers scary. Is there okay? If not safe I and my kids can't stay?”
The property manager advised the tenant that the keys would be returned to the mailbox the next day.
On 5 June 2025 the police advised the owner, “....last night we attended a serious assault at 41 Te Kawa Rd, Greenlane. The property appeared to be vacant and local police advised us that the address is frequented by random members of the public. We also located a key in the front door of the premises which was presumable found by someone at the address. We have seized this and it is available to be uplifted from the Auckland Police Station...”
The tenant was advised.
The tenant made a last rent payment on 2 June 2025, which paid the rent to 12 June 2025. No further rent payments were made.
The property manager sent 14 day rent arrears notices to the tenant on 18 June 2025 and 23 June 2025. On 26 June 2025 the property manager e-mailed the tenant, “As your rent arrears already 21 days we formally notify you that your tenancy agreement was terminated from now and also as you did not pick up the key from us at 06/06, so we are now on the position to enter the property......”
The tenant responded, “That is not right, the agreement has already been terminated by me, I have never got the key back once the key has been taken away by the police....”.
The tenant required that his bond be refunded. He complained that the landlord had breached the agreement by taking the key from the letterbox.
The owner had the key returned to him by the property manager at the end of June and ended the management agency on 30 June 2025, “......due to the upcoming development of the property.”
My findings are that: a. The landlord was not in fundamental breach of the agreement by securing the key in circumstances where the premises were not left reasonably secure by the tenant. It was not done to end the tenancy. The tenant was immediately advised and able to collect the keys. There is no claim by the tenant for compensation for not having access to the keys for that weekend. b. Security of the premises was the tenant’s responsibility during the tenancy. It was his breach of that responsibility that allowed the premises to be occupied by others, whose actions led to the police involvement and the police detaining the key. The landlord cannot be said to have ended the tenancy because of the police actions in removing the key due to security concerns. c. Although the landlord claims rent to 3 July 2025, the property manager’s e- mail of 26 June 2025 makes it clear that the tenancy had been ended and possession retaken by the landlord on that date. That is the date to which rent should be paid. The rent records provided by the landlord prove the amount owing at that date.
The landlord claims $33.02 for outstanding water rates and has provided the corresponding Watercare invoice. Of that sum only $11.16 is the consumption charge which is the tenant’s responsibility.

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.
Entry and exit photographs provided by the landlord show that the tenant did not leave the premises reasonably clean and tidy. The landlord should be reimbursed the cleaning costs and the cost for repair of a window broken during the tenancy, which are proved by the invoice provided.
Because Jiaqiang (Carlos) Zhao, Yue Gao have substantially succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5302099 — Rent arrears at 41 Te Kawa Road, Greenlane, Auckland 1061

At a glance

Tenancy Tribunal case 5302099 — Rent arrears at 41 Te Kawa Road, Greenlane, Auckland 1061

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?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions