What was Tenancy Tribunal case 5327654 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 5327654?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5327654?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5327654?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12691973-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5327654 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 5327654?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5327654?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5327654?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12691973-Tribunal_Order_Redacted.pdf.

Unit/Flat 703, 85 Wakefield Street, Auckland Central, Tenancy Tribunal Case 5327654 — Cleanliness

Reasons

Both parties attended the hearing. The Tribunal had the assistance of an interpreter.

The parties had a fixed term tenancy due to end next year. The tenant assigned her tenancy to another student and all the paper work was completed in August 2025. A variation of tenancy was signed by all parties and the new tenant moved in on 1 September. The landlord has claimed $800 from the tenant as the reasonable costs of the assignment process, which the tenant believes is too much. The questions I have to decide include: • Can the landlord recover the costs of the assignment? • Did the landlord breach the duty to provide clean premises? • Did the tenant breach the landlord’s quiet enjoyment? • Who gets the bond?

Can the landlord recover the costs of the assignment?

The landlord is claiming $800 as the reasonable costs of the assignment. The tenant claims the landlord has attempted to recover expenses incurred in respect to the assignment without providing an itemised account, and that the costs are not reasonable. This is the landlord’s claim to prove.

A landlord must provide an itemised account to the tenant of any expenses incurred in respect to assignment. See section 44A Residential Tenancies Act 1986 (RTA).

I find the landlord cannot claim any costs at all because he did not provide an itemised invoice. He did provide an estimated invoice early on in the process, but this clearly states the costs are ‘ongoing’. I find that including a request for the reasonable costs in the Tenancy Tribunal application is not sufficient to meet the requirements of section 44A RTA. The landlord’s claim is dismissed.

Did the landlord breach the duty to provide clean premises?

The tenant claims that the landlord has breached his obligation to clean a mattress protector during the tenancy, breaching his obligation under section 45 RTA. The landlord replied that his obligation under section 45 was to provide the premises (and the mattress protector) in a reasonable state of cleanliness at the start of the tenancy, and the tenant did not complain until she was in the process of leaving.

This is the tenant’s claim to prove. I find she has not provided me with any evidence that the bedding was not clean at the start of the tenancy. This claim is dismissed. Did the tenant breach the landlord’s quiet enjoyment?

The landlord wants me to make an order that the tenant has behaved unreasonably. While section 38 RTA protects the tenant’s quiet enjoyment, there is no order I can make under the RTA for a tenants’ breach of the landlord’s quiet enjoyment. This claim is dismissed.

Who gets the bond?

The bond is refunded in full to the tenant. A request has been sent to the Bond Centre. Other orders

I have used my discretion to allow suppression for the tenant. The Tribunal may, on the application of any party to proceedings or on its own initiative, order that the name of a party not be published, having regard to the interests of the parties and to the public interest. See section 95A RTA.

The landlord’s name will be published because there is public interest in the assignment process.

Because the tenant has substantially succeeded with the claim I have reimbursed the filing fee.

Order

The Tribunal orders suppression of the tenant’s name and identifying details.
The Bond Centre is to pay the bond of $1,300.00 ([Bond number suppressed]) to [The tenant/s] immediately.
Salomon Zhang is to pay the filing fee of $28.00 to the tenant immediately.
All other claims are dismissed.

Reasons

Both parties attended the hearing. The Tribunal had the assistance of an interpreter.
The parties had a fixed term tenancy due to end next year. The tenant assigned her tenancy to another student and all the paper work was completed in August 2025. A variation of tenancy was signed by all parties and the new tenant moved in on 1 September. The landlord has claimed $800 from the tenant as the reasonable costs of the assignment process, which the tenant believes is too much. The questions I have to decide include: • Can the landlord recover the costs of the assignment? • Did the landlord breach the duty to provide clean premises? • Did the tenant breach the landlord’s quiet enjoyment? • Who gets the bond?

Can the landlord recover the costs of the assignment?

The landlord is claiming $800 as the reasonable costs of the assignment. The tenant claims the landlord has attempted to recover expenses incurred in respect to the assignment without providing an itemised account, and that the costs are not reasonable. This is the landlord’s claim to prove.
A landlord must provide an itemised account to the tenant of any expenses incurred in respect to assignment. See section 44A Residential Tenancies Act 1986 (RTA).
I find the landlord cannot claim any costs at all because he did not provide an itemised invoice. He did provide an estimated invoice early on in the process, but this clearly states the costs are ‘ongoing’. I find that including a request for the reasonable costs in the Tenancy Tribunal application is not sufficient to meet the requirements of section 44A RTA. The landlord’s claim is dismissed.

Did the landlord breach the duty to provide clean premises?

The tenant claims that the landlord has breached his obligation to clean a mattress protector during the tenancy, breaching his obligation under section 45 RTA. The landlord replied that his obligation under section 45 was to provide the premises (and the mattress protector) in a reasonable state of cleanliness at the start of the tenancy, and the tenant did not complain until she was in the process of leaving.
This is the tenant’s claim to prove. I find she has not provided me with any evidence that the bedding was not clean at the start of the tenancy. This claim is dismissed. Did the tenant breach the landlord’s quiet enjoyment?
The landlord wants me to make an order that the tenant has behaved unreasonably. While section 38 RTA protects the tenant’s quiet enjoyment, there is no order I can make under the RTA for a tenants’ breach of the landlord’s quiet enjoyment. This claim is dismissed.

Who gets the bond?

The bond is refunded in full to the tenant. A request has been sent to the Bond Centre. Other orders
I have used my discretion to allow suppression for the tenant. The Tribunal may, on the application of any party to proceedings or on its own initiative, order that the name of a party not be published, having regard to the interests of the parties and to the public interest. See section 95A RTA.
The landlord’s name will be published because there is public interest in the assignment process.
Because the tenant has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5327654 — Cleanliness at Unit/Flat 703, 85 Wakefield Street, Auckland Central,

At a glance

Tenancy Tribunal case 5327654 — Cleanliness at Unit/Flat 703, 85 Wakefield Street, Auckland Central,

At a glance

Claims & awards

Order

Reasons

Can the landlord recover the costs of the assignment?

Did the landlord breach the duty to provide clean premises?

Who gets the bond?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Can the landlord recover the costs of the assignment?

Did the landlord breach the duty to provide clean premises?

Who gets the bond?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions