What was Tenancy Tribunal case 4800758 about?

The tribunal order states: Tom Osbourne must pay [The tenant/s] $737.44 immediately.

How much money was awarded in case 4800758?

Property Damage: $717.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4800758?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4800758?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10212446-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4800758 about?

The tribunal order states: Tom Osbourne must pay [The tenant/s] $737.44 immediately.

How much money was awarded in case 4800758?

Property Damage: $717.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4800758?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4800758?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10212446-Tribunal_Order_Redacted.pdf.

16A Traford Street, Gore, Gore 9710 Tenancy Tribunal Case 4800758 — Exemplary damages

Reasons

Claims and awards in Tenancy Tribunal application 4800758 — net $737.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages: Failure to lodge bond	$717.00	Failure to lodge bond
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$737.44
Total payable by Landlord to Tenant	$737.44

The tenant attended the hearing. The landlord could not be contacted despite multiple attempts to contact him on both his cell phone and landline.

[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 did not lodge the bond. I find they have 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.

The bond of $400 and one weeks rent in advance was paid on the tenant’s behalf in January 2019. The parties have both filed claims with the Tribunal and on 26 October 2023 the Tribunal made orders in favour of both parties with the result that the tenant was to pay $857.44 in vacated arrears and compensation. That order confirms that the bond had been deducted from the amount owing.

The tenant has paid $120 since then by direct credit. Which leaves a balance owing of $737.44.

This claim is for exemplary damages to reduce that debt on account of Mr Osbourne’s failure to lodge the bond with the bond centre within the required timeframes.

The tenant told me that Mr Osbourne has rented at least 2 houses/units for many years and not lodged bonds. She has spoken to two previous tenants who have told her that Mr Osbourne refunded their bonds at the end of their tenancies, but had not lodged those bonds with the bond centre as he was required to do.

In my view it is appropriate to award exemplary damages which are designed to punish landlords that fail to lodge tenants’ money that they receive as bond money.

Exemplary damages are also intended to have a deterrent effect, in the sense that they send a message to landlords that the obligation is not discretionary but compulsory when a bond is required and received from a tenant. Landlord’s must act in good faith when they hold tenant’s money and ensure it is sent to an independent body for the duration of the tenancy.

I have determined that a mid-point of the range of exemplary damages is appropriate. I have no evidence to rebut the tenant’s submission that Mr Osbourne has failed previously to lodge bonds. As an experienced landlord, who requests that tenants pay bonds, it can be presumed that he is aware of the requirement that he lodge that money with the bond centre. That information is widely and readily available.

As he may well continue to operate as a landlord and require bonds, it is appropriate to send a clear message that they must be lodged. Mr Osbourne should be under no illusion, that if further tenant applications are made and it is established that he has failed to lodge any bond money he takes in future, then the award will be higher. If he currently holds any other tenant bonds, he must lodge them without delay.

Awarding exemplary damages and the filing fee as set out, will mean in effect that the tenant does not need to pay the remainder of the debt she owes to Mr Osbourne.

As noted, the award is a mid-point of the range of exemplary damages that can be awarded. No apology is made for the fact that it will essentially negate the previous order and wipe the remainder of the debt the tenant is paying off.

The tenant requested name suppression which is appropriate as she is successful. Mr Osbourne’s name is to be published.

Claims and awards in Tenancy Tribunal application 4800758 — net $737.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages: Failure to lodge bond	$717.00	Failure to lodge bond
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$737.44
Total payable by Landlord to Tenant	$737.44

Order

Tom Osbourne must pay [The tenant/s] $737.44 immediately.

Reasons

The tenant attended the hearing. The landlord could not be contacted despite multiple attempts to contact him on both his cell phone and landline.
[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 did not lodge the bond. I find they have 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.
The bond of $400 and one weeks rent in advance was paid on the tenant’s behalf in January 2019. The parties have both filed claims with the Tribunal and on 26 October 2023 the Tribunal made orders in favour of both parties with the result that the tenant was to pay $857.44 in vacated arrears and compensation. That order confirms that the bond had been deducted from the amount owing.
The tenant has paid $120 since then by direct credit. Which leaves a balance owing of $737.44.
This claim is for exemplary damages to reduce that debt on account of Mr Osbourne’s failure to lodge the bond with the bond centre within the required timeframes.
The tenant told me that Mr Osbourne has rented at least 2 houses/units for many years and not lodged bonds. She has spoken to two previous tenants who have told her that Mr Osbourne refunded their bonds at the end of their tenancies, but had not lodged those bonds with the bond centre as he was required to do.
In my view it is appropriate to award exemplary damages which are designed to punish landlords that fail to lodge tenants’ money that they receive as bond money.
Exemplary damages are also intended to have a deterrent effect, in the sense that they send a message to landlords that the obligation is not discretionary but compulsory when a bond is required and received from a tenant. Landlord’s must act in good faith when they hold tenant’s money and ensure it is sent to an independent body for the duration of the tenancy.
I have determined that a mid-point of the range of exemplary damages is appropriate. I have no evidence to rebut the tenant’s submission that Mr Osbourne has failed previously to lodge bonds. As an experienced landlord, who requests that tenants pay bonds, it can be presumed that he is aware of the requirement that he lodge that money with the bond centre. That information is widely and readily available.
As he may well continue to operate as a landlord and require bonds, it is appropriate to send a clear message that they must be lodged. Mr Osbourne should be under no illusion, that if further tenant applications are made and it is established that he has failed to lodge any bond money he takes in future, then the award will be higher. If he currently holds any other tenant bonds, he must lodge them without delay.
Awarding exemplary damages and the filing fee as set out, will mean in effect that the tenant does not need to pay the remainder of the debt she owes to Mr Osbourne.
As noted, the award is a mid-point of the range of exemplary damages that can be awarded. No apology is made for the fact that it will essentially negate the previous order and wipe the remainder of the debt the tenant is paying off.
The tenant requested name suppression which is appropriate as she is successful. Mr Osbourne’s name is to be published.

Tenancy Tribunal case 4800758 — Exemplary damages at 16A Traford Street, Gore, Gore 9710

At a glance

Tenancy Tribunal case 4800758 — Exemplary damages at 16A Traford Street, Gore, Gore 9710

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