What was Tenancy Tribunal case 4830558 about?

The tribunal order states: Sarita Rani must pay [The tenant/s] $2,483.59 immediately, calculated as

How much money was awarded in case 4830558?

Property Damage: $1,250.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant; Reimbursement Of Glazier’S Invoice: $528.00 awarded to tenant; Reimbursement Of Plumber’S Invoice: $270.87 awarded to tenant; Rent Arrears: $4,025.72 awarded to landlord

What type of tenancy dispute was case 4830558?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4830558?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10530310-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4830558 about?

The tribunal order states: Sarita Rani must pay [The tenant/s] $2,483.59 immediately, calculated as

How much money was awarded in case 4830558?

Property Damage: $1,250.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant; Reimbursement Of Glazier’S Invoice: $528.00 awarded to tenant; Reimbursement Of Plumber’S Invoice: $270.87 awarded to tenant; Rent Arrears: $4,025.72 awarded to landlord

What type of tenancy dispute was case 4830558?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4830558?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10530310-Tribunal_Order_Redacted.pdf.

15 Cross Street, Drury, Drury 2113 Tenancy Tribunal Case 4830558 — Exemplary damages

Tenantcheck Insights

Claims and awards in Tenancy Tribunal application 4830558 — net $2,483.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears calculated for the tenancy period from 22	$4,025.72		Rent arrears calculated for the tenancy period from 22
Bond (unlodged		$4,440.00	Bond (unlodged
Exemplary damages for non-lodgment of bond		$1,250.00	Exemplary damages for non-lodgment of bond
Filing fee reimbursement		$20.44	Filing fee reimbursement
Reimbursement of plumber’s invoice		$270.87	Reimbursement of plumber’s invoice
Reimbursement of glazier’s invoice		$528.00	Reimbursement of glazier’s invoice
Total award	$4,025.72	$6,509.31
Net award		$2,483.59
Total payable by Landlord to Tenant		$2,483.59

Claims and awards in Tenancy Tribunal application 4830558 — net $2,483.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears calculated for the tenancy period from 22	$4,025.72		Rent arrears calculated for the tenancy period from 22
Bond (unlodged		$4,440.00	Bond (unlodged
Exemplary damages for non-lodgment of bond		$1,250.00	Exemplary damages for non-lodgment of bond
Filing fee reimbursement		$20.44	Filing fee reimbursement
Reimbursement of plumber’s invoice		$270.87	Reimbursement of plumber’s invoice
Reimbursement of glazier’s invoice		$528.00	Reimbursement of glazier’s invoice
Total award	$4,025.72	$6,509.31
Net award		$2,483.59
Total payable by Landlord to Tenant		$2,483.59

Order

Sarita Rani must pay [The tenant/s] $2,483.59 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing.
[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 failed to lodge the bond at all. 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.
I have considered the landlord’s explanation that she was overseas at the time the bond was paid.
However the bond could have been lodged anytime after she has returned to New Zealand and even online with the bond centre.
The tenancy had ended on 12 November 2023, more than 6 months ago but still unlodged.
Having regard to the landlord’s intent, the effect of the unlawful act on the tenant, the interests of the tenant, and the public interest that bonds should be lodged within time to safeguard the tenant’s money, I find it just to award exemplary damages of $1,250.00 in favour of the tenant.
The rent was in arrears of $4,025.72 at the end of the tenancy; the arrears will be set-off against part of the bond.
I also find that the tenant should be reimbursed for maintenance work carried out at the premises which improved the premises.
Only the above amounts ordered are proved.

Tenancy Tribunal case 4830558 — Exemplary damages at 15 Cross Street, Drury, Drury 2113

At a glance

Tenancy Tribunal case 4830558 — Exemplary damages at 15 Cross Street, Drury, Drury 2113

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