How much money was awarded in case 4780398?

The reconciled net award was $20.44.

What type of tenancy dispute was case 4780398?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4780398?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10660574-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4780398?

The reconciled net award was $20.44.

What type of tenancy dispute was case 4780398?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4780398?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10660574-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4780398 — Exemplary damages

Q: What was Tenancy Tribunal case 4780398 about?

The tribunal order states: The Landlord must carry out the following work to the premises, which must be

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4780398 — net $20.44 NZD. Verify amounts on MoJ.
Claim	Category	Amount	Awarded to	Reason
Net award	$20.44

The Landlord must carry out the following work to the premises, which must be completed by Friday 23 August 2024: a. A plumber must check the cold water connection in the laundry, and taps in both kitchen and bathroom, and carry out all necessary repairs or replacements.

[The landlord/s] must pay [The tenant/s] $20.44 immediately being the filing fee for this application.

All other claims are dismissed.

Reasons

Both parties attended the hearing. Work orders

The tenant confirmed that the spouting and downpipes have been replaced and the exterior security light fixed. The kitchen and bathroom taps have not been fixed and the cold water connection in the laundry is blocking and needs to be investigated.

Under section 45(1)(a) - (ca) Residential Tenancies Act 1986, the landlord has an obligation to provide and maintain certain standards and to comply with applicable requirements.

Where the Tribunal finds the landlord has failed to comply with any of these obligations, it may make an order for the landlord to carry out the work. See section 78(1)(e) Residential Tenancies Act 1986.

If the work order is not being made by consent of both parties, the Tribunal must also make a monetary order as an alternative to compliance with the work order.

The landlord has consented to the order, so it is not necessary to impose an alternative money order. The work must be completed by 23 August 2024.

Has the landlord failed to comply with their obligations?

[The tenant/s] 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 says the bond was kept in the office by mistake, but it was lodged with the Bond Centre earlier this year when the tenant raised concerns.

I find the landlord has 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 consider it ‘just’ to make an award of exemplary damages. I accept the evidence of the landlord there was no intent to deliberately withhold the bond and it is now safe with the Bond Centre. Filing fee

As the tenant has partly succeeded with the claim, the landlord must reimburse the filing fee. Name suppression

In the interest of preserving ongoing relationships, I order name suppression for both parties.

Order

Claims and awards in Tenancy Tribunal application 4780398 — net $20.44 NZD. Verify amounts on MoJ.
Claim	Category	Amount	Awarded to	Reason
Net award	$20.44

[The landlord/s] must pay [The tenant/s] $20.44 immediately being the filing fee for this application.

All other claims are dismissed.

Reasons

Both parties attended the hearing. Work orders

Under section 45(1)(a) - (ca) Residential Tenancies Act 1986, the landlord has an obligation to provide and maintain certain standards and to comply with applicable requirements.

If the work order is not being made by consent of both parties, the Tribunal must also make a monetary order as an alternative to compliance with the work order.

The landlord has consented to the order, so it is not necessary to impose an alternative money order. The work must be completed by 23 August 2024.

Has the landlord failed to comply with their obligations?

[The tenant/s] 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 says the bond was kept in the office by mistake, but it was lodged with the Bond Centre earlier this year when the tenant raised concerns.

I find the landlord has committed an unlawful act.

As the tenant has partly succeeded with the claim, the landlord must reimburse the filing fee. Name suppression

In the interest of preserving ongoing relationships, I order name suppression for both parties.

Tenancy Tribunal case 4780398 — Exemplary damages

At a glance

Tenancy Tribunal case 4780398 — Exemplary damages

At a glance

Award balance

Claims & awards

Order

Reasons

Has the landlord failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Has the landlord failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions