What was Tenancy Tribunal case 4800243 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4800243?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4800243?

The primary dispute was Rent arrears. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4800243?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10055141-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4800243 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4800243?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4800243?

The primary dispute was Rent arrears. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4800243?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10055141-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4800243 — Rent arrears

Tenantcheck Insights

Reasons

Both parties attended the hearing.

The tenant’s application was for exemplary damages because the landlord had taken her off the tenancy without her knowledge, and not lodged the bond with the Bond Centre within the required time.

This is the tenant’s claim to prove because she is the applicant. This means she needs the better evidence.

The tenant has not provided me with any evidence that she was “taken off the tenancy”. This part of the claim is dismissed.

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 (RTA). 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 RTA.

The tenant provided good evidence that a bond was paid by MSD on her behalf on 26 October 2023. I was also provided with evidence a bond was not lodged until 24 January 2024, outside of the time required by the RTA.

The landlord submitted that the tenant immediately went into rent arrears after moving in and it was agreed by the landlord, the tenant, and by MSD that the bond money would be use to cover the rent arrears. He said a second bond was paid by MSD on the tenant’s behalf on 21 January 2023 and lodged three days later. In support of this explanation the landlord provided me with: • copies of emails sent to MSD in December 2023 discussing rent arrears • a record from the landlord’s call centre dated 13 November 2023 that the tenants was “stuck in hospital” • a contemporaneous note in the landlord’s office system dated 13 November 2023 recording a conversation with the tenant about allocating bond to rent until she could speak with MSD about catching the rent up.

I find the landlord has the better evidence here. It seems most likely to me there was some agreement between the parties and MSD that the bond money could be used to pay rent. This may not be the tenant’s recollection of events, but she may have been distracted by the recent move and with her son in hospital. The tenant’s claim is not proved, and it is dismissed.

Both parties asked for suppression. I allow suppression of the names and the identifying details because there has been no breach of the RTA and therefore there is no public interest in the names being published. See section 95A RTA.

Reasons

Both parties attended the hearing.

The tenant’s application was for exemplary damages because the landlord had taken her off the tenancy without her knowledge, and not lodged the bond with the Bond Centre within the required time.

This is the tenant’s claim to prove because she is the applicant. This means she needs the better evidence.

The tenant has not provided me with any evidence that she was “taken off the tenancy”. This part of the claim is dismissed.

Tenancy Tribunal case 4800243 — Rent arrears

At a glance

Tenancy Tribunal case 4800243 — Rent arrears

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