Published tribunal order
Tenancy Tribunal case 4606889 — Leaks at 75F Hill Street, Onehunga, Auckland 1061
Decided 24 Nov 2023 · Published 24 Nov 2023 · Application 4606889
- Leaks
- State of repair
- Exemplary damages
Order
- [The landlord/s] and [The landlord/s] to pay [The tenant/s], [The tenant/s] and [The tenant/s] $1,800.00 immediately, comprising exemplary damages for failure to maintain the premises.
- Bond Services is to refund the full bond of $1,200.00 to the Tenant immediately.
- If the Bond was not lodged with Bond Services, the Landlord must pay a further $1,200.00 to the Tenant immediately.
Reasons
- The Tenant attended the hearing. The Landlord did not come to the hearing.
- The Tenant has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Bond
- The tenant has applied for refund of the bond. The landlord has filed no claim against the bond and has not come to the hearing.
- Section 22B(2) Residential Tenancies Act 1986 provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim. Because the landlord has not filed a counterclaim the bond is refunded in full to the tenant. Exemplary Damages
- [The tenant/s], [The tenant/s] and [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, among other things, provide and maintain the premises in a reasonable state of repair and comply with any relevant enactment in relation to buildings, health and safety.
- Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00: s 45(1A) and Schedule 1A Residential Tenancies Act 1986.
- The landlord failed to provide and maintain the premises in a reasonable state of repair, allowing water leakage and damage to tenants' property. I find they have 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 intentionally neglected the leakage issue, affecting the tenant's use of the property and causing property damage. Awarding exemplary damages is justified in this case.
- I award $1,800.00 to the Tenant, which is the amount they have requested, and which is appropriate considering the short duration of their stay – 1 month.
- I have not received evidence as to the value of the mattress and I decline that claim.
- Because [The tenant/s], [The tenant/s], and [The tenant/s] have substantially succeeded with the claim, I must reimburse the filing fee.