How much money was awarded in case 4820437?

Property Damage: $500.00 awarded to tenant; Rent Arrears: $728.00 awarded to landlord

What type of tenancy dispute was case 4820437?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4820437?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10251109-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4820437?

Property Damage: $500.00 awarded to tenant; Rent Arrears: $728.00 awarded to landlord

What type of tenancy dispute was case 4820437?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4820437?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10251109-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4820437 — Rent arrears

Q: What was Tenancy Tribunal case 4820437 about?

The tribunal order states: The parties’ names and identifying details including the tenancy address must

Order

Claims and awards in Tenancy Tribunal application 4820437 — net $228.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 2 December 2024	$728.00		Rent arrears to 2 December 2024
Exemplary damages – failing to lodge bond		$500.00	Exemplary damages – failing to lodge bond
Total award	$728.00	$500.00
Net award	$228.00
Bond	$728.00
Total payable by Tenant to Landlord	$228.00

The parties’ names and identifying details including the tenancy address must not be published.

[The tenant] must pay [the landlord] $228.00 from the bond, calculated as shown in table below.

The Bond Centre is to pay the remaining bond of $728.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord]: $228.00 [The tenant]: $500.00

Reasons

Both parties attended the hearing.

The tenant has applied for return of her remaining bond and exemplary damages for the landlord failing to lodge the bond.

The landlord has applied for rent arrears, compensation, and payment from the bond.

The tenancy began on 14 May 2023 and ended on 2 December 2023

How much is owed for rent?

The landlord provided a rent summary which satisfied me of the amount owing at the end of the tenancy.

The tenant submitted the landlord agreed to forgive a half week’s rent. However, the parties’ messages do not show that.

Did the landlord lodge the bond as required?

Landlords must send any bond payment to the Bond Centre within 23 working days after the payment is received. 1

Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. 2

The landlord did not lodge the bond until November, more than six months after the tenancy began. 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. 3

The unlawful act was committed intentionally. The landlord delayed lodging the bond due to their personal financial circumstances. It is just to order exemplary damages having regard to the just-mentioned factors. In particular, the public interest requires the Tribunal to consistently order appropriate levels of exemplary damages to deter would-be bond offenders and protect the integrity of the bond system. 1 Residential Tenancies Act 1986 (RTA) s 19(1). 2 See s 19(2) and Schedule 1A Residential Tenancies Act 1986. 3 RTA, s 109(3).

Is the tenant responsible for the damage to the premises?

The landlord claimed the tenant damaged the carpet.

The tenant denied that.

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage.

Tenants are liable for the actions of people at the premises with their permission. 4

The landlord said the tenant’s dog must have chewed a section of carpet by the door and the carpet had bleaching spots in various places.

The landlord produced images of the carpet showing damage. However, he had no images to prove the carpet was not damaged at the beginning of the tenancy.

The tenants submitted her dog did not chew the carpet and that the damage complained of was already present at the beginning of the tenancy.

The landlord has not proved the carpet was damaged beyond fair wear and tear during the tenancy.

The landlord’s claim is dismissed. Non-publication

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 5

The parties seek non-publication.

Each party has been substantially successful in the proceedings. I do not consider publication is in the public interest or justified by the parties’ conduct or any other circumstances of the case.

It follows, non-publication of the parties’ identifying details is ordered. 4 RTA, ss 40(2)(a), 41, and 49B. 5 RTA, s 95A(1). Bond

The bond is to be distributed to the parties as set out in this order.

Claims and awards in Tenancy Tribunal application 4820437 — net $228.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 2 December 2024	$728.00		Rent arrears to 2 December 2024
Exemplary damages – failing to lodge bond		$500.00	Exemplary damages – failing to lodge bond
Total award	$728.00	$500.00
Net award	$228.00
Bond	$728.00
Total payable by Tenant to Landlord	$228.00

Order

The parties’ names and identifying details including the tenancy address must not be published.
[The tenant] must pay [the landlord] $228.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the remaining bond of $728.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord]: $228.00 [The tenant]: $500.00

Reasons

Both parties attended the hearing.
The tenant has applied for return of her remaining bond and exemplary damages for the landlord failing to lodge the bond.
The landlord has applied for rent arrears, compensation, and payment from the bond.
The tenancy began on 14 May 2023 and ended on 2 December 2023

How much is owed for rent?

The landlord provided a rent summary which satisfied me of the amount owing at the end of the tenancy.
The tenant submitted the landlord agreed to forgive a half week’s rent. However, the parties’ messages do not show that.

Did the landlord lodge the bond as required?

Landlords must send any bond payment to the Bond Centre within 23 working days after the payment is received. 1
Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. 2
The landlord did not lodge the bond until November, more than six months after the tenancy began. 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. 3
The unlawful act was committed intentionally. The landlord delayed lodging the bond due to their personal financial circumstances. It is just to order exemplary damages having regard to the just-mentioned factors. In particular, the public interest requires the Tribunal to consistently order appropriate levels of exemplary damages to deter would-be bond offenders and protect the integrity of the bond system. 1 Residential Tenancies Act 1986 (RTA) s 19(1). 2 See s 19(2) and Schedule 1A Residential Tenancies Act 1986. 3 RTA, s 109(3).

Is the tenant responsible for the damage to the premises?

The landlord claimed the tenant damaged the carpet.
The tenant denied that.
A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage.
Tenants are liable for the actions of people at the premises with their permission. 4
The landlord said the tenant’s dog must have chewed a section of carpet by the door and the carpet had bleaching spots in various places.
The landlord produced images of the carpet showing damage. However, he had no images to prove the carpet was not damaged at the beginning of the tenancy.
The tenants submitted her dog did not chew the carpet and that the damage complained of was already present at the beginning of the tenancy.
The landlord has not proved the carpet was damaged beyond fair wear and tear during the tenancy.
The landlord’s claim is dismissed. Non-publication
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 5
The parties seek non-publication.
Each party has been substantially successful in the proceedings. I do not consider publication is in the public interest or justified by the parties’ conduct or any other circumstances of the case.
It follows, non-publication of the parties’ identifying details is ordered. 4 RTA, ss 40(2)(a), 41, and 49B. 5 RTA, s 95A(1). Bond
The bond is to be distributed to the parties as set out in this order.

Tenancy Tribunal case 4820437 — Rent arrears

At a glance

Tenancy Tribunal case 4820437 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the landlord lodge the bond as required?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the landlord lodge the bond as required?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions