How much money was awarded in case 4585929?

Compensation: Refund Of Bond: $1,400.00 awarded to tenant; Property Damage: $500.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4585929?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4585929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9309971-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4585929?

Compensation: Refund Of Bond: $1,400.00 awarded to tenant; Property Damage: $500.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4585929?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4585929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9309971-Tribunal_Order_Redacted.pdf.

45 Brandon Road, Glen Eden, Auckland 0602 Tenancy Tribunal Case 4585929 — Exemplary damages

Q: What was Tenancy Tribunal case 4585929 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4585929 — net $1,920.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: refund of bond	$1,400.00	refund of bond
Exemplary damages: s19 RTA	$500.00	s19 RTA
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,920.44
Total payable by Landlord to Tenant	$1,920.44

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details. DescriptionTenant Compensation: refund of bond $1,400.00 Exemplary damages: s19 RTA $500.00 Filing fee reimbursement $20.44 Total award $1,920.44 Total payable by Landlord to Tenant $1,920.44

Reasons

The tenant attended the hearing, the landlord did not attend.

This is a tenant application for the refund of his bond, reimbursement of the filing fee and exemplary damages for breach of the Residential Tenancies Act 1986 (RTA), by not lodging the bond with the bond centre.

This was a short-term tenancy. It commenced on 26 January 2023 and ended on 15 March 2023. At the end of the tenancy the tenant sought his bond back from the landlord. After not being able to contact the landlord Mr Stevens contacted the bond centre. It was at that time that he found out that his bond had not been lodged.

Despite efforts to communicate with the landlord there has been no contact between the parties. Bond

[The tenant/s] claims the landlord has not lodged the bond with the Bond Centre within the required time.

A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986.

Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A Residential Tenancies Act 1986.

The tenant paid the landlord $1400 in bond and $700.00 in rent on 1 February 2023 to the landlord. The tenant has provided the Tribunal with a copy of a statement from Ministry of Social Development dated 12 April 2023 confirming the payment of this money was made to the landlord “Build to Rent Ltd (AKA BTR)” on 1 February 2023.

The tenant has provided a tenancy agreement from BTR Services Ltd.

At the end of the tenancy the tenant sought to have his bond refunded. However, the landlord has not responded to his requests and the bond has not been repaid to Mr Stevens.

I find the landlord has committed an unlawful act.

Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.

The landlord has not lodged the bond, nor communicated with the tenant or the Tribunal. This is the tenant’s money, and he has a right to expect his money is lodged and safe at the bond centre.

There is a public interest in ensuring that landlords comply with the requirements of the bond centre and the RTA. I find the landlord has committed this unlawful act intentionally.

I impose $500.00 by way of exemplary damages for the breach of the RTA.

The bond is to be refunded to the tenant immediately.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4585929 — net $1,920.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: refund of bond	$1,400.00	refund of bond
Exemplary damages: s19 RTA	$500.00	s19 RTA
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,920.44
Total payable by Landlord to Tenant	$1,920.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details. DescriptionTenant Compensation: refund of bond $1,400.00 Exemplary damages: s19 RTA $500.00 Filing fee reimbursement $20.44 Total award $1,920.44 Total payable by Landlord to Tenant $1,920.44

Reasons

The tenant attended the hearing, the landlord did not attend.
This is a tenant application for the refund of his bond, reimbursement of the filing fee and exemplary damages for breach of the Residential Tenancies Act 1986 (RTA), by not lodging the bond with the bond centre.
This was a short-term tenancy. It commenced on 26 January 2023 and ended on 15 March 2023. At the end of the tenancy the tenant sought his bond back from the landlord. After not being able to contact the landlord Mr Stevens contacted the bond centre. It was at that time that he found out that his bond had not been lodged.
Despite efforts to communicate with the landlord there has been no contact between the parties. Bond
[The tenant/s] claims the landlord has not lodged the bond with the Bond Centre within the required time.
A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A Residential Tenancies Act 1986.
The tenant paid the landlord $1400 in bond and $700.00 in rent on 1 February 2023 to the landlord. The tenant has provided the Tribunal with a copy of a statement from Ministry of Social Development dated 12 April 2023 confirming the payment of this money was made to the landlord “Build to Rent Ltd (AKA BTR)” on 1 February 2023.
The tenant has provided a tenancy agreement from BTR Services Ltd.
At the end of the tenancy the tenant sought to have his bond refunded. However, the landlord has not responded to his requests and the bond has not been repaid to Mr Stevens.
I find the landlord has committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
The landlord has not lodged the bond, nor communicated with the tenant or the Tribunal. This is the tenant’s money, and he has a right to expect his money is lodged and safe at the bond centre.
There is a public interest in ensuring that landlords comply with the requirements of the bond centre and the RTA. I find the landlord has committed this unlawful act intentionally.
I impose $500.00 by way of exemplary damages for the breach of the RTA.
The bond is to be refunded to the tenant immediately.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4585929 — Exemplary damages at 45 Brandon Road, Glen Eden, Auckland 0602

At a glance

Tenancy Tribunal case 4585929 — Exemplary damages at 45 Brandon Road, Glen Eden, Auckland 0602

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