What was Tenancy Tribunal case 4704730 about?

The tribunal order states: [The tenant/s] must pay Reliance Property Management Limited

How much money was awarded in case 4704730?

Property Damage: $1,000.00 awarded to tenant; Letting fee: advertising fee to re-l…: $150.00 awarded to landlord; Rent Arrears: $4,320.00 awarded to landlord; Water Credit: $3.54 awarded to tenant

What type of tenancy dispute was case 4704730?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4704730?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9848137-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4704730 about?

The tribunal order states: [The tenant/s] must pay Reliance Property Management Limited

How much money was awarded in case 4704730?

Property Damage: $1,000.00 awarded to tenant; Letting fee: advertising fee to re-l…: $150.00 awarded to landlord; Rent Arrears: $4,320.00 awarded to landlord; Water Credit: $3.54 awarded to tenant

What type of tenancy dispute was case 4704730?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4704730?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9848137-Tenancy_Tribunal_Order.pdf.

47 Stratford Road, Manurewa, Auckland 2105 Tenancy Tribunal Case 4704730 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4704730 — net $666.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 22 September 2023	$4,320.00		Rent arrears to 22 September 2023
Letting fee: advertising fee to re-let the premises	$150.00		Letting fee: advertising fee to re-let the premises
Exemplary damages		$1,000.00	Exemplary damages
Water credit		$3.54	Water credit
Total award	$4,470.00	$1,003.54
Net award	$666.46
Total payable by Tenant to Landlord	$666.46

Both parties attended the hearing.

This was a fixed term tenancy until 17 March 2024; the tenant requested for early release which the landlord agreed on condition that new tenants are found.

New tenants took over the tenancy on 23 September 2023 and the landlord sought rent until 22 September 2023.

The tenant says that the landlord has asked if they will be moving out earlier to which the tenant answered over the phone on 4 August 2023 and confirmed by subsequent text to the landlord that the tenant will be moving out on 23 August 2023.

The tenant then assumed that the landlord would only charge them rent until 23 August 2023.

However I accept the landlord’s property manager’s evidence that the conversation on 4 August 2023 only went as far as which date the tenant will be moving out. The parties never agreed that the tenant would only be charged rent until 23 August 2023.

There is nothing before me to indicate that the landlord had agreed to waive their right to seek rent until 22 September and only charge rent until 23 August 2023.

Under the above circumstances, the tenant remains liable to pay rent until new tenants took over on 23 September 2023.

It was not in order for the tenant to assume that the landlord would only charge them rent until their actual move-out date on 23 August 2023.

The rent records prove the amount of rent owing to 22 September 2023 of $4,320.00.

The tenant accepts the advertising fees to find new tenants sought by the landlord of $150.00. This amount is also proved.

The water rates are in credit of $3.54 after the fixed wastewater charges are credited back to the tenant the result of which the last 2 water bills are set off against the fixed wastewater charges to the refunded.

The tenant 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 failed to lodge the bond received in March 2023 until early November 2023, three months after the tenant has already vacated and the property subsequently re-let. 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.

I do not accept the landlord’s assertion that the failure to lodge the bond as required was due to their “change of property management software”. Apart from the bare assertion, no particulars have been provided on how a change of property management software might affect the experienced property management company missing out on the tenant’s bond payment and then failing to lodge the bond altogether until one month after the tenant has filed their application to the Tribunal for refund of the bond and exemplary damages for non-lodgment of the bond.

Having regard to the party’s intent, the effect of the unlawful act on the tenant, the interests of the tenant that bonds are lodged, and the public interest that bonds are lodged in a timely fashion and the experienced landlord (being a property management company), I find it just to award exemplary damages of $1,000.00 in favour of the tenant.

Claims and awards in Tenancy Tribunal application 4704730 — net $666.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 22 September 2023	$4,320.00		Rent arrears to 22 September 2023
Letting fee: advertising fee to re-let the premises	$150.00		Letting fee: advertising fee to re-let the premises
Exemplary damages		$1,000.00	Exemplary damages
Water credit		$3.54	Water credit
Total award	$4,470.00	$1,003.54
Net award	$666.46
Total payable by Tenant to Landlord	$666.46

Order

[The tenant/s] must pay Reliance Property Management Limited $666.46 immediately, calculated as follows.
The bond of $2,800.00 (bond number 5604261-005) to be paid to the landlord forthwith.

Reasons

Both parties attended the hearing.
This was a fixed term tenancy until 17 March 2024; the tenant requested for early release which the landlord agreed on condition that new tenants are found.
New tenants took over the tenancy on 23 September 2023 and the landlord sought rent until 22 September 2023.
The tenant says that the landlord has asked if they will be moving out earlier to which the tenant answered over the phone on 4 August 2023 and confirmed by subsequent text to the landlord that the tenant will be moving out on 23 August 2023.
The tenant then assumed that the landlord would only charge them rent until 23 August 2023.
However I accept the landlord’s property manager’s evidence that the conversation on 4 August 2023 only went as far as which date the tenant will be moving out. The parties never agreed that the tenant would only be charged rent until 23 August 2023.
There is nothing before me to indicate that the landlord had agreed to waive their right to seek rent until 22 September and only charge rent until 23 August 2023.
Under the above circumstances, the tenant remains liable to pay rent until new tenants took over on 23 September 2023.
It was not in order for the tenant to assume that the landlord would only charge them rent until their actual move-out date on 23 August 2023.
The rent records prove the amount of rent owing to 22 September 2023 of $4,320.00.
The tenant accepts the advertising fees to find new tenants sought by the landlord of $150.00. This amount is also proved.
The water rates are in credit of $3.54 after the fixed wastewater charges are credited back to the tenant the result of which the last 2 water bills are set off against the fixed wastewater charges to the refunded.
The tenant 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 failed to lodge the bond received in March 2023 until early November 2023, three months after the tenant has already vacated and the property subsequently re-let. 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.
I do not accept the landlord’s assertion that the failure to lodge the bond as required was due to their “change of property management software”. Apart from the bare assertion, no particulars have been provided on how a change of property management software might affect the experienced property management company missing out on the tenant’s bond payment and then failing to lodge the bond altogether until one month after the tenant has filed their application to the Tribunal for refund of the bond and exemplary damages for non-lodgment of the bond.
Having regard to the party’s intent, the effect of the unlawful act on the tenant, the interests of the tenant that bonds are lodged, and the public interest that bonds are lodged in a timely fashion and the experienced landlord (being a property management company), I find it just to award exemplary damages of $1,000.00 in favour of the tenant.

Tenancy Tribunal case 4704730 — Rent arrears at 47 Stratford Road, Manurewa, Auckland 2105

At a glance

Tenancy Tribunal case 4704730 — Rent arrears at 47 Stratford Road, Manurewa, Auckland 2105

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions