What was Tenancy Tribunal case 4687729 about?

The tribunal order states: [The landlord/s] is granted possession of the boarding house room and all

How much money was awarded in case 4687729?

Property Damage: $250.00 awarded to tenant; Property Damage: $500.00 awarded to tenant

What type of tenancy dispute was case 4687729?

The primary dispute was Healthy homes. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4687729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9618954-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4687729 about?

The tribunal order states: [The landlord/s] is granted possession of the boarding house room and all

How much money was awarded in case 4687729?

Property Damage: $250.00 awarded to tenant; Property Damage: $500.00 awarded to tenant

What type of tenancy dispute was case 4687729?

The primary dispute was Healthy homes. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4687729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9618954-Tribunal_Order_Redacted.pdf.

Room 07, 14 Mills Lane, Albany, Auckland 0632, Kawai Tenancy Tribunal Case 4687729 — Healthy homes

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4687729 — net $750.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages: Healthy Homes standards	$500.00	Healthy Homes standards
Exemplary damages: Bond not lodged	$250.00	Bond not lodged
Net award	$750.00
Total payable by Landlord to Tenant	$750.00

[The landlord/s] is granted possession of the boarding house room and all facilities of the boarding house at Room 07, 14 Mills Lane, Albany, Auckland 0632, Kawai Purapura immediately.

[The landlord/s] must pay Amber Jade Cantwell $750.00 immediately.

The tenant’s claim for work orders is dismissed.

Reasons

Both parties attended the hearing.

The landlord has applied for possession of the premises occupied by the tenant.

The tenant applied for work orders, and for the landlord’s breach in relation to the lodgement of the bond and compliance with the Healthy Homes standards. Landlord’s application

The landlord has given the tenant notice terminating the tenancy and the tenant has not quit the premises within the period specified in the notice. See section 66Y Residential Tenancies Act 1986.

The notice was given on 6 September 2023. The landlord gave the tenant 48 hours’ notice to vacate. The tenant did not vacate within that time.

As the landlord gave notice the tenancy is terminated and possession is granted immediately. Tenant’s application Bond lodgement

Amber Jade Cantwell 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 landlord did not lodge the bond until 24 July 2023 which is more than 23 working days after the money was paid. 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 tenant had much communication with the landlord about the bond lodgement. She was concerned that the landlord had not complied with the law, and this impacted on her greatly.

The reason given by the landlord for not complying was that other staff who worked at the Trust had not attended to this matter. They also thought that the tenant’s change of room soon after moving in may have had an impact on the failure to lodge the bond.

It is important for bond money to be lodged. The landlord failed to comply with its obligations regarding this. This caused distress to the tenant.

I consider that an award of $250.00 to the tenant is reasonable in the circumstances. Healthy Homes standards

Amber Jade Cantwell claims that the landlord has breached the landlord’s obligations under section 45(1)(bb) of the Residential Tenancies Act 1986 (RTA), which requires compliance with the Residential Tenancies (Healthy Homes Standards) 2019 (HHS).

Compliance dates for the HHS vary depending on the tenancy: a. All boarding houses must comply by 1 July 2021.

The standards set out minimum expectations in relation to heating, insulation, ventilation, moisture ingress and drainage, and draught stopping.

The HHS does provide exemptions in specific circumstances.

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A).

In this case I have determined that the landlord may have complied with some of the standards, but at the hearing admitted that some were not complied with until September 2023, several months after commencement of the tenancy.

I find [The landlord/s] 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 interest of the other party, and the public interest. See section 109(3) RTA.

Considering those factors, I have determined that the tenant has been impacted in relation to the landlord’s failure to comply. I consider that $500.00 is a reasonable award to the tenant. Work order

As the tenancy is terminated and immediate possession is granted to the landlord it is not necessary for work orders to be made.

The tenant’s claim for work orders is dismissed. Suppression and filing fee

As both parties have had some success with their applications, I make no award for reimbursement of the filing fee.

As the landlord requested name suppression, and as the landlord had success with their application such an order is made.

Order

Claims and awards in Tenancy Tribunal application 4687729 — net $750.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages: Healthy Homes standards	$500.00	Healthy Homes standards
Exemplary damages: Bond not lodged	$250.00	Bond not lodged
Net award	$750.00
Total payable by Landlord to Tenant	$750.00