What was Tenancy Tribunal case 4706930 about?

The tribunal order states: BY CONSENT: The tenancy of [The tenant/s] at [Tenancy address suppressed]

How much money was awarded in case 4706930?

Rent Arrears: $4,628.57 awarded to landlord; Property Damage: $4,254.92 awarded to landlord

What type of tenancy dispute was case 4706930?

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

Where can I read the official tribunal order for case 4706930?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9779913-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4706930 about?

The tribunal order states: BY CONSENT: The tenancy of [The tenant/s] at [Tenancy address suppressed]

How much money was awarded in case 4706930?

Rent Arrears: $4,628.57 awarded to landlord; Property Damage: $4,254.92 awarded to landlord

What type of tenancy dispute was case 4706930?

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

Where can I read the official tribunal order for case 4706930?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9779913-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4706930 — Rent arrears

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New Zealand Tenancy Tribunal Case 4706930 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4706930 — net $7,283.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 January 2024 BY CONSENT	$4,628.57	Rent arrears to 5 January 2024 BY CONSENT
Repairs: Repairs to walls and glass door BY CONSENT	$4,254.92	Repairs: Repairs to walls and glass door BY CONSENT
Net award	$7,283.49
Total payable by Tenant to Landlord	$7,283.49

Claims and awards for application 4706930 — net $7,283.49 NZD. Verify on MoJ.

Rent arrears to 5 January 2024 BY CONSENT

Amount: $4,628.57
Awarded to: Landlord
Reason: Rent arrears to 5 January 2024 BY CONSENT

Repairs: Repairs to walls and glass door BY CONSENT

Amount: $4,254.92
Awarded to: Landlord
Reason: Repairs: Repairs to walls and glass door BY CONSENT

Net award

Landlord $7,283.49

Total payable by Tenant to Landlord

Landlord $7,283.49

Claim types — money lines allowed on this order

Rent arrears Property damage

Order

BY CONSENT: The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59pm on Friday 5 January 2024.
The Bond Centre is to pay the bond of $1,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.
[The tenant/s] must pay [The landlord/s] $7,283.49 immediately, calculated as shown in the table below:
The landlord’s application for exemplary damages is dismissed.

Reasons

Both parties attended the hearing. [The tenant’s representative] attended for the tenants.
The landlord has applied for termination of the tenancy, compensation, exemplary damages and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986. Rent is at least 21 days in arrears at the hearing date.
The tenant agreed to move out by 11.59pm on 5 January 2024. The landlord agreed to this. An order is therefore made by consent.
The parties agreed the arrears as ordered to 5 January 2024. Damage
The landlord and tenant agreed that the tenant would pay the sum of $4,254.92 as compensation to fix the front door and the holes in the walls. An order for the agreed amount is therefore ordered. Exemplary damages
In his application the landlord sought exemplary damages for damage.
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.
I have dismissed this part of the application as exemplary damages for damage is a not a defined by the RTA as an unlawful act.
In any event, even if it were a defined unlawful act, given the level of compensation offered by the tenant and accepted by the landlord (which was the entire amount of compensation sought by the landlord in the application plus an additional sum), I would not have awarded exemplary damages as the landlord has been adequately compensated by the offer made by the tenant which the landlord has accepted. Suppression
As the orders sought were mainly made by consent this conclusion could have been achieved at mediation. It is in the public interest that parties can resolve their disputes without recourse to the Tribunal. I therefore have awarded both parties suppression of their identifying details (s 95A, RTA).

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4706930 — net $7,283.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 January 2024 BY CONSENT	$4,628.57	Rent arrears to 5 January 2024 BY CONSENT
Repairs: Repairs to walls and glass door BY CONSENT	$4,254.92	Repairs: Repairs to walls and glass door BY CONSENT
Net award	$7,283.49
Total payable by Tenant to Landlord	$7,283.49

Claims and awards for application 4706930 — net $7,283.49 NZD. Verify on MoJ.

Rent arrears to 5 January 2024 BY CONSENT

Amount: $4,628.57
Awarded to: Landlord
Reason: Rent arrears to 5 January 2024 BY CONSENT

Repairs: Repairs to walls and glass door BY CONSENT

Amount: $4,254.92
Awarded to: Landlord
Reason: Repairs: Repairs to walls and glass door BY CONSENT

Net award

Landlord $7,283.49

Total payable by Tenant to Landlord

Landlord $7,283.49

Claim types — money lines allowed on this order

Rent arrears Property damage

Order

BY CONSENT: The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59pm on Friday 5 January 2024.
The Bond Centre is to pay the bond of $1,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.
[The tenant/s] must pay [The landlord/s] $7,283.49 immediately, calculated as shown in the table below:
The landlord’s application for exemplary damages is dismissed.

Reasons

Both parties attended the hearing. [The tenant’s representative] attended for the tenants.
The landlord has applied for termination of the tenancy, compensation, exemplary damages and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986. Rent is at least 21 days in arrears at the hearing date.
The tenant agreed to move out by 11.59pm on 5 January 2024. The landlord agreed to this. An order is therefore made by consent.
The parties agreed the arrears as ordered to 5 January 2024. Damage
The landlord and tenant agreed that the tenant would pay the sum of $4,254.92 as compensation to fix the front door and the holes in the walls. An order for the agreed amount is therefore ordered. Exemplary damages
In his application the landlord sought exemplary damages for damage.
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.
I have dismissed this part of the application as exemplary damages for damage is a not a defined by the RTA as an unlawful act.
In any event, even if it were a defined unlawful act, given the level of compensation offered by the tenant and accepted by the landlord (which was the entire amount of compensation sought by the landlord in the application plus an additional sum), I would not have awarded exemplary damages as the landlord has been adequately compensated by the offer made by the tenant which the landlord has accepted. Suppression
As the orders sought were mainly made by consent this conclusion could have been achieved at mediation. It is in the public interest that parties can resolve their disputes without recourse to the Tribunal. I therefore have awarded both parties suppression of their identifying details (s 95A, RTA).

Tenancy Tribunal case 4706930 — Rent arrears

At a glance

Tenancy Tribunal case 4706930 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions