What was Tenancy Tribunal case 4791240 about?

The tribunal order states: [The landlord/s] must pay [The tenant/s] $2,320.44 immediately, calculated

How much money was awarded in case 4791240?

Property Damage: $1,000.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4791240?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4791240?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10170361-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4791240 about?

The tribunal order states: [The landlord/s] must pay [The tenant/s] $2,320.44 immediately, calculated

How much money was awarded in case 4791240?

Property Damage: $1,000.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4791240?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4791240?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10170361-Tenancy_Tribunal_Order.pdf.

36 Silverstream Road, Horahora, Whangarei 0110 Tenancy Tribunal Case 4791240 — Exemplary damages

Reasons

Claims and awards in Tenancy Tribunal application 4791240 — net $2,320.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Refund of bond	$1,300.00	Refund of bond
Exemplary damages: Breach of duties in respect of bond	$1,000.00	Breach of duties in respect of bond
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,320.44
Total payable by Landlord to Tenant	$2,320.44

Ms Steevens entered into a tenancy agreement with Mr Meisner for the premises at 36 Silverstream Road. The tenancy began on 6 August 2023.

The agreement required Ms Steevens to pay a bond of $1,300.00 (being half of the total bond, the other half was paid by her sister). Ms Steevens provided evidence showing that the bond was paid to Mr Meisner.

The tenancy ended in December 2023. The bond was not refunded to Ms Steevens at the end of her tenancy. Ms Steevens asked Mr Meisner multiple times to confirm that he had paid her bond to the Bond Centre. Mr Meisner failed / refused to confirm this. Mr Steevens also issued 14-day breach notices to Mr Meisner about the bond.

Ms Steevens’ application seeks refund of the bond and exemplary damages for the landlord’s failure to lodge the bond.

The hearing took place in Whangarei on 5 April 2024. Ms Steevens attended the hearing. Mr Meisner failed to appear.

Landlords must forward any bond payments to the Bond Centre within 23- working days of receipt 1 . Failure to do so is an unlawful act, and the Tribunal may award exemplary damages of up to $1,500.00 2 .

Ms Steevens has proven that: a. She paid a bond of $1,300.00 to Mr Meisner; and b. The bond was not paid to the Bond Centre.

The Tribunal may award exemplary damages if it is satisfied that an unlawful act was committed intentionally. In considering an appropriate award of exemplary damages the Tribunal must have regard to 3 : a. The intention of the person who committed the unlawful act; and b. The effect of the unlawful act; and c. The interests of the person against whom the act was committed; and d. The public interest.

This is not an instance of a landlord being unaware of their obligation to lodge the bond or forgetting to lodge it. Ms Steevens asked Mr Meisner many times about the bond, and she sent him breach notices giving him every opportunity to meet his legal duty.

Mr Meisner did not avail himself of the opportunity, either at mediation or at the Tribunal hearing, to provide a reason as to why he did not lodge the bond.

It is reasonable to infer that Mr Meisner’s failure to lodge the bond was an intentional act.

It is an aggravating factor that the bond was not refunded to Ms Steevens at the end of the tenancy.

Mr Meisner’s failure to lodge the bond, and his failure to return it to Ms Steevens at the end of the tenancy has caused Ms Steevens significant financial hardship. 1 Section 19(1)(b) Residential Tenancies Act 1986 (“RTA”) 2 Section 19(2) RTA 3 Section 109 RTA

There is a strong and legitimate public interest in ensuring that landlords deal appropriately with bonds. The bond is the tenant’s money. It must be held securely by a neutral third party.

Having regard to these factors I will award exemplary damages of $1,000.00.

The landlord has been successful in this application, and I must also award the landlord the filing fee of $20.44.

Claims and awards in Tenancy Tribunal application 4791240 — net $2,320.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Refund of bond	$1,300.00	Refund of bond
Exemplary damages: Breach of duties in respect of bond	$1,000.00	Breach of duties in respect of bond
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,320.44
Total payable by Landlord to Tenant	$2,320.44

Order

[The landlord/s] must pay [The tenant/s] $2,320.44 immediately, calculated as shown in table below.

Reasons

Ms Steevens entered into a tenancy agreement with Mr Meisner for the premises at 36 Silverstream Road. The tenancy began on 6 August 2023.
The agreement required Ms Steevens to pay a bond of $1,300.00 (being half of the total bond, the other half was paid by her sister). Ms Steevens provided evidence showing that the bond was paid to Mr Meisner.
The tenancy ended in December 2023. The bond was not refunded to Ms Steevens at the end of her tenancy. Ms Steevens asked Mr Meisner multiple times to confirm that he had paid her bond to the Bond Centre. Mr Meisner failed / refused to confirm this. Mr Steevens also issued 14-day breach notices to Mr Meisner about the bond.
Ms Steevens’ application seeks refund of the bond and exemplary damages for the landlord’s failure to lodge the bond.
The hearing took place in Whangarei on 5 April 2024. Ms Steevens attended the hearing. Mr Meisner failed to appear.
Landlords must forward any bond payments to the Bond Centre within 23- working days of receipt 1 . Failure to do so is an unlawful act, and the Tribunal may award exemplary damages of up to $1,500.00 2 .
Ms Steevens has proven that: a. She paid a bond of $1,300.00 to Mr Meisner; and b. The bond was not paid to the Bond Centre.
The Tribunal may award exemplary damages if it is satisfied that an unlawful act was committed intentionally. In considering an appropriate award of exemplary damages the Tribunal must have regard to 3 : a. The intention of the person who committed the unlawful act; and b. The effect of the unlawful act; and c. The interests of the person against whom the act was committed; and d. The public interest.
This is not an instance of a landlord being unaware of their obligation to lodge the bond or forgetting to lodge it. Ms Steevens asked Mr Meisner many times about the bond, and she sent him breach notices giving him every opportunity to meet his legal duty.
Mr Meisner did not avail himself of the opportunity, either at mediation or at the Tribunal hearing, to provide a reason as to why he did not lodge the bond.
It is reasonable to infer that Mr Meisner’s failure to lodge the bond was an intentional act.
It is an aggravating factor that the bond was not refunded to Ms Steevens at the end of the tenancy.
Mr Meisner’s failure to lodge the bond, and his failure to return it to Ms Steevens at the end of the tenancy has caused Ms Steevens significant financial hardship. 1 Section 19(1)(b) Residential Tenancies Act 1986 (“RTA”) 2 Section 19(2) RTA 3 Section 109 RTA
There is a strong and legitimate public interest in ensuring that landlords deal appropriately with bonds. The bond is the tenant’s money. It must be held securely by a neutral third party.
Having regard to these factors I will award exemplary damages of $1,000.00.
The landlord has been successful in this application, and I must also award the landlord the filing fee of $20.44.

Tenancy Tribunal case 4791240 — Exemplary damages at 36 Silverstream Road, Horahora, Whangarei 0110

At a glance

Tenancy Tribunal case 4791240 — Exemplary damages at 36 Silverstream Road, Horahora, Whangarei 0110

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions