What was the outcome of Tenancy Tribunal case 4685030?

The tribunal order states: Hardik Mungpara must pay Layton Holdings Limited as agent for Steve &

How much money was awarded in case 4685030?

Cleaning: $232.87 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $650.00 awarded to landlord; Rent Arrears: $2,822.86 awarded to landlord

What type of tenancy dispute was case 4685030?

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

Where can I read the official tribunal order for case 4685030?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9587811-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4685030?

The tribunal order states: Hardik Mungpara must pay Layton Holdings Limited as agent for Steve &

How much money was awarded in case 4685030?

Cleaning: $232.87 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $650.00 awarded to landlord; Rent Arrears: $2,822.86 awarded to landlord

What type of tenancy dispute was case 4685030?

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

Where can I read the official tribunal order for case 4685030?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9587811-Tenancy_Tribunal_Order.pdf.

2 Verlamio Lane, Edgeware, Christchurch 8013 Tenancy Tribunal Case 4685030 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4685030 — net $1,726.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 August 2023	$2,822.86	Rent arrears to 21 August 2023
Cleaning	$232.87	Cleaning
Compensation for costs incurred finding replacement tenant	$650.00	Compensation for costs incurred finding replacement tenant
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,726.17
Total payable by Tenant to Landlord	$1,726.17

Hardik Mungpara must pay Layton Holdings Limited as agent for Steve & Leanne Thorpe $1,726.17 immediately, calculated as shown in table below:

The Bond Centre is to pay the bond of $2,000.00 (6278834-007) to Layton Holdings Limited as agent for Steve & Leanne Thorpe immediately.

The application for exemplary damages is dismissed.

Reasons

Ms Dunn represented the landlord. The tenant did not attend the hearing.

The landlord has applied for rent arrears, compensation, refund of the bond, exemplary damages and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy was a fixed term tenancy to 25 February 2024. The tenant left the tenancy before the term had expired.

The landlord has charged rent to 21 August 2023 only, 3 days before a new tenancy started.

The landlord provided rent records which prove the amount of rent owing up to 21 August 2023.

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 (RTA). The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy.

The landlord incurred costs finding new tenants after this tenant left the tenancy early. I am satisfied that the compensation claimed by the landlord for the time and costs incurred is reasonable.

The amounts ordered are proved by invoices and photos and by the evidence Ms Dunn gave at the hearing. Exemplary damages

The landlord has sought an order for exemplary damages claiming a breach by the tenant of section 16(1) and (1A) RTA.

That section requires the tenant (in this case) to notify the landlord within 10 working days of any change of name and contact address (which includes mobile telephone number and contact email address), or address for service.

A failure to comply with this section is an unlawful act for which exemplary damages up to $750.00 can be awarded.

Exemplary damages are designed to punish and to deter. They are like a fine. In Auckland City Council v Blundell [1986] NZLR 732 the Court of Appeal (Cooke P) said: Exemplary and punitive [damages] are different words for the same thing. The damages are exemplary because they are meant to teach an example to the guilty officer and others. They are punitive because they are meant to punish. They are like a fine, though they go to the citizen who has been the victim of conduct.

Exemplary damages are awarded at the Tribunal’s discretion when one party has proved that the other party has committed a defined unlawful act. If that is proven, and before the Tribunal may award exemplary damages, it must take account of the factors set out in section 109 RTA. Those factors are: •The intention of the person; •The effect of the unlawful act; •The interests of the party against whom the unlawful act was committed; and •The public interest.

Ms Dunn gave evidence that she emailed the tenant about missing couch cushions. While he did not reply to the email the missing cushions were returned to the premises. That suggests there was no change in his contact email address.

Nor is there any evidence that the tenant changed his address for service in the tenancy agreement. Rather, it seems that the tenant simply stopped communicating with the landlord.

For exemplary damages to be awarded there must be clear evidence of a breach amounting to an unlawful act, intentionally committed.

I am not satisfied that the landlord has proved that the tenant changed his address for service or his contact email address or mobile telephone number.

I dismiss the application for exemplary damages. Result

The tenant will pay the landlord $3,726.17 which includes reimbursement of the filing fee on the successful application.

The bond will be paid to the landlord which reduces the amount owed by the tenant to $1,726.17.

Claims and awards in Tenancy Tribunal application 4685030 — net $1,726.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 August 2023	$2,822.86	Rent arrears to 21 August 2023
Cleaning	$232.87	Cleaning
Compensation for costs incurred finding replacement tenant	$650.00	Compensation for costs incurred finding replacement tenant
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,726.17
Total payable by Tenant to Landlord	$1,726.17

Order

Hardik Mungpara must pay Layton Holdings Limited as agent for Steve & Leanne Thorpe $1,726.17 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,000.00 (6278834-007) to Layton Holdings Limited as agent for Steve & Leanne Thorpe immediately.
The application for exemplary damages is dismissed.

Reasons

Ms Dunn represented the landlord. The tenant did not attend the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, exemplary damages and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy was a fixed term tenancy to 25 February 2024. The tenant left the tenancy before the term had expired.
The landlord has charged rent to 21 August 2023 only, 3 days before a new tenancy started.
The landlord provided rent records which prove the amount of rent owing up to 21 August 2023.

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 (RTA). The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy.
The landlord incurred costs finding new tenants after this tenant left the tenancy early. I am satisfied that the compensation claimed by the landlord for the time and costs incurred is reasonable.
The amounts ordered are proved by invoices and photos and by the evidence Ms Dunn gave at the hearing. Exemplary damages
The landlord has sought an order for exemplary damages claiming a breach by the tenant of section 16(1) and (1A) RTA.
That section requires the tenant (in this case) to notify the landlord within 10 working days of any change of name and contact address (which includes mobile telephone number and contact email address), or address for service.
A failure to comply with this section is an unlawful act for which exemplary damages up to $750.00 can be awarded.
Exemplary damages are designed to punish and to deter. They are like a fine. In Auckland City Council v Blundell [1986] NZLR 732 the Court of Appeal (Cooke P) said: Exemplary and punitive [damages] are different words for the same thing. The damages are exemplary because they are meant to teach an example to the guilty officer and others. They are punitive because they are meant to punish. They are like a fine, though they go to the citizen who has been the victim of conduct.
Exemplary damages are awarded at the Tribunal’s discretion when one party has proved that the other party has committed a defined unlawful act. If that is proven, and before the Tribunal may award exemplary damages, it must take account of the factors set out in section 109 RTA. Those factors are: •The intention of the person; •The effect of the unlawful act; •The interests of the party against whom the unlawful act was committed; and •The public interest.
Ms Dunn gave evidence that she emailed the tenant about missing couch cushions. While he did not reply to the email the missing cushions were returned to the premises. That suggests there was no change in his contact email address.
Nor is there any evidence that the tenant changed his address for service in the tenancy agreement. Rather, it seems that the tenant simply stopped communicating with the landlord.
For exemplary damages to be awarded there must be clear evidence of a breach amounting to an unlawful act, intentionally committed.
I am not satisfied that the landlord has proved that the tenant changed his address for service or his contact email address or mobile telephone number.
I dismiss the application for exemplary damages. Result
The tenant will pay the landlord $3,726.17 which includes reimbursement of the filing fee on the successful application.
The bond will be paid to the landlord which reduces the amount owed by the tenant to $1,726.17.

Tenancy Tribunal case 4685030 — Rent arrears at 2 Verlamio Lane, Edgeware, Christchurch 8013

At a glance

Tenancy Tribunal case 4685030 — Rent arrears at 2 Verlamio Lane, Edgeware, Christchurch 8013

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions