What was Tenancy Tribunal case 4757355 about?

The tribunal order states: Aly Nui Sheridan must lodge the bond held for this tenancy with the Bond

How much money was awarded in case 4757355?

Property Damage: $350.00 awarded to landlord

What type of tenancy dispute was case 4757355?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4757355?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9847307-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4757355 about?

The tribunal order states: Aly Nui Sheridan must lodge the bond held for this tenancy with the Bond

How much money was awarded in case 4757355?

Property Damage: $350.00 awarded to landlord

What type of tenancy dispute was case 4757355?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4757355?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9847307-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4757355 — Exemplary damages

Reasons

Claims and awards in Tenancy Tribunal application 4757355. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
immediately being exemplary damages of	$350.00		immediately being exemplary damages of

The tenant claims exemplary damages for non-lodgement of the bond with the Bond Centre.

Both parties attended the hearing.

Section 19(1)(b) of the Residential Tenancies Act 1986 (the Act) requires a landlord to lodge the bond with the Bond Centre 23 working days of receiving it. Failure to lodge the bond in accordance with section 19(1)(b) is an unlawful act for which exemplary damages may be awarded up to a maximum amount of $1500.

Before making an award of exemplary damages I am required to take into account the factors set out in section 109(3) of the Act: the intent of the person committing the unlawful act, the effect of the act, the interests of the person against whom the unlawful act was committed and the public interest.

The tenancy premises consist of a bedroom in a five-bedroom house with shared use of the facilities with the landlord’s other tenants. The tenancy commenced on 6 September 2020 and the tenant paid to Ms Sheridan a bond of $465.00.

There was no dispute that the bond has not been lodged with the Bond Centre. There was also no dispute that Ms Sheridan has not lodged bonds held for the other tenants at the premises. Ms Sheridan said that she has three rental properties (including this one) which she has had for several years. She said that the other two properties are managed by a property management company.

Ms Sheridan claims that she was not aware of her obligation to lodge bonds. However, being a landlord is a business and it is incumbent on a landlord to ensure that they are aware of and comply with all of their obligations under the Act. After receiving this application, Ms Sheridan said that she had offered to refund the bond to the tenant (and to refund bonds to the other tenants) but the tenant said that she wants the bond lodged with the Bond Centre. Ms Sheridan must therefore lodge the tenant’s bond with the Bond Centre immediately. She should also immediately either refund the bonds she is still holding for other tenants in house or lodge those bonds with the Bond Centre.

Apart from having to lodge this application and attend today’s hearing, the effect on the tenant of the bond not being lodged late appears to be minimal. However, it is in the interests of tenants generally and the public interest that the bond is lodged promptly with the Bond Centre as a protection against a landlord’s unreasonable retention of it. Taking all these factors into account I have ordered exemplary damages of $350 to be paid by Ms Sheridan to the tenant.

The tenant has been successful in her claim and is therefore entitled to payment of the Tribunal application fee. Suppression

Section 95A of the Act provides that the Tribunal must, on the application of a party who has been wholly or substantially successful in the proceedings, order that the party’s name or identifying particulars not be published (unless the limited circumstances set out in the section apply).

The tenant has been wholly successful in her claim and the limited exceptions set out in s 95A do not apply.

I therefore order that the tenant’s name and identifying details be suppressed.

Claims and awards in Tenancy Tribunal application 4757355. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
immediately being exemplary damages of	$350.00		immediately being exemplary damages of

Order

Aly Nui Sheridan must lodge the bond held for this tenancy with the Bond Centre immediately.
Aly Nui Sheridan must pay [The tenant/s] $370.44 immediately being exemplary damages of $350.00 and payment of the Tribunal application fee.

Reasons

The tenant claims exemplary damages for non-lodgement of the bond with the Bond Centre.
Both parties attended the hearing.
Section 19(1)(b) of the Residential Tenancies Act 1986 (the Act) requires a landlord to lodge the bond with the Bond Centre 23 working days of receiving it. Failure to lodge the bond in accordance with section 19(1)(b) is an unlawful act for which exemplary damages may be awarded up to a maximum amount of $1500.
Before making an award of exemplary damages I am required to take into account the factors set out in section 109(3) of the Act: the intent of the person committing the unlawful act, the effect of the act, the interests of the person against whom the unlawful act was committed and the public interest.
The tenancy premises consist of a bedroom in a five-bedroom house with shared use of the facilities with the landlord’s other tenants. The tenancy commenced on 6 September 2020 and the tenant paid to Ms Sheridan a bond of $465.00.
There was no dispute that the bond has not been lodged with the Bond Centre. There was also no dispute that Ms Sheridan has not lodged bonds held for the other tenants at the premises. Ms Sheridan said that she has three rental properties (including this one) which she has had for several years. She said that the other two properties are managed by a property management company.
Ms Sheridan claims that she was not aware of her obligation to lodge bonds. However, being a landlord is a business and it is incumbent on a landlord to ensure that they are aware of and comply with all of their obligations under the Act. After receiving this application, Ms Sheridan said that she had offered to refund the bond to the tenant (and to refund bonds to the other tenants) but the tenant said that she wants the bond lodged with the Bond Centre. Ms Sheridan must therefore lodge the tenant’s bond with the Bond Centre immediately. She should also immediately either refund the bonds she is still holding for other tenants in house or lodge those bonds with the Bond Centre.
Apart from having to lodge this application and attend today’s hearing, the effect on the tenant of the bond not being lodged late appears to be minimal. However, it is in the interests of tenants generally and the public interest that the bond is lodged promptly with the Bond Centre as a protection against a landlord’s unreasonable retention of it. Taking all these factors into account I have ordered exemplary damages of $350 to be paid by Ms Sheridan to the tenant.
The tenant has been successful in her claim and is therefore entitled to payment of the Tribunal application fee. Suppression
Section 95A of the Act provides that the Tribunal must, on the application of a party who has been wholly or substantially successful in the proceedings, order that the party’s name or identifying particulars not be published (unless the limited circumstances set out in the section apply).
The tenant has been wholly successful in her claim and the limited exceptions set out in s 95A do not apply.
I therefore order that the tenant’s name and identifying details be suppressed.

Tenancy Tribunal case 4757355 — Exemplary damages

At a glance

Tenancy Tribunal case 4757355 — Exemplary damages

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions