What was Tenancy Tribunal case 4842931 about?

The tribunal order states: The Bond Centre is to pay the bond of $4,200.00 ([Bond number suppressed])

How much money was awarded in case 4842931?

Rent Arrears: $300.00 awarded to landlord

What type of tenancy dispute was case 4842931?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4842931?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10162929-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4842931 about?

The tribunal order states: The Bond Centre is to pay the bond of $4,200.00 ([Bond number suppressed])

How much money was awarded in case 4842931?

Rent Arrears: $300.00 awarded to landlord

What type of tenancy dispute was case 4842931?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4842931?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10162929-Tribunal_Order_Redacted.pdf.

69A Kings Road, Panmure, Auckland 1072 Tenancy Tribunal Case 4842931 — Rent arrears

Claims and awards in Tenancy Tribunal application 4842931. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$300.00		Rent arrears
Bond	$4,200.00

Order

The Bond Centre is to pay the bond of $4,200.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $300.00 [The tenant/s]: $3,900.00
All remaining claims are dismissed.

Reasons

Both parties attended the hearing.
The tenancy ended on 15 May 2023.
The landlord applied for rent arrears and compensation for damage following the end of the tenancy.
The tenant applied for exemplary damages. Rent arrears
The landlord provided rent records to prove the amount owing at the end of the tenancy. Compensation for damage
The landlord sought compensation for damage to the bathroom floor tiles, the benchtop and the wall.
There are cracks in the floor tiles of the bathrooms. The landlord did not produce evidence to support that the cracks occurred during the tenancy. There were no photographs from the beginning of the tenancy showing that the cracks were not present. The tenant’s evidence is that the cracks were there when the tenancy began but the landlord says that this was never mentioned by the tenants. The landlord produced a quote to replace the tiles.
On the evidence it is not clear that the damage occurred during the tenancy and therefore that the tenants should be liable. The claim in respect of the damaged tiles is dismissed.
The benchtop has a crack in it. The landlord claims that the tenant is responsible for this damage. Again, the landlord did not provide a pre tenancy photograph of that area of the benchtop. The tenant produced a photograph from June 2019 which appears to show the crack is present. The landlord says that the photograph is a fake.
The landlord produced a quote to repair the benchtop which is not in English. The invoice is not translated for the Tribunal and therefore I am unable to determine what the quote is for.
It is not clear that the damage occurred during the tenancy. Even if it were accepted that the damage did occur during the tenancy the quote produced by the landlord is inadequate. The landlord’s claim in respect of the damage to the benchtop is dismissed.
The landlord claims in respect of damage to the garage wall. The landlord produced photographs which are not clear. The landlord says that the tenant repaired the damage and charged the subtenant.
It is not clear from the photographs that there is any damage that is more than wear and tear. The landlord’s claim in respect of the wall damage is dismissed. Exemplary damages
Section 109 Residential Tenancies Act 1986 provides that the Tribunal may award exemplary damages to a party where the other party has committed an unlawful act.
The tenant claims that the landlord has committed several unlawful acts by asking the tenants to sign a blank bond form, failing to lodge the bond within 23 working days, failing to sign the Tenancy Agreement and harassing the tenant.
Section 109(2) Residential Tenancies Act states, A landlord or a tenant may not apply under subsection (1) later than – (a) 12 months after the termination of the tenancy in the case of – (i)An unlawful act to which section 19(2) refers; or (ii)A failure to keep records in respect of bonds that is an unlawful act to which section 30(2) refers; or (b) 12 months after the date of commission of the unlawful act in the case of any other unlawful act.
The first three of the tenant’s claims for exemplary damages relate to unlawful acts that would have occurred more than 12 months ago as they would have occurred around February 2020. Therefore, exemplary damages are not available for those acts if they were to be unlawful. As they are outside the timeframe, I have not considered whether the acts are in fact unlawful. Those parts of the tenant’s claim are dismissed.
The remaining part of the tenant’s claim for exemplary damages relates to harassment by the landlord.
Section 38 Residential Tenancies Act provides, (1) The tenant shall be entitled to have quiet enjoyment of the premises without interruption by the landlord or any person claiming by, through, or under the landlord or having superior title to that of the landlord. (2) The landlord shall not cause or permit any interference with the reasonable peace, comfort, or privacy of the tenant in the use of the premises by the tenant. (3) Contravention of subsection (2) in circumstances that amount to harassment of the tenant is hereby declared to be an unlawful act.
The quiet enjoyment relates to the tenant’s use of the premises. The tenant refers to communication from the landlord following the end of the tenancy which they claim amounts to harassment. They referred to emails dated 4 October 2023, 9 November 2023 and 22 February 2024. All these emails were received well after the tenancy ended in May 2023.
If the communication from the landlord was found to be harassment which would amount to an unlawful act it cannot be considered as being in the use of the premises by the tenant.
The tenant’s claim for exemplary damages in relation to harassment is dismissed.
As both parties have substantially succeeded with their claim or opposition to the other parties claim I grant their applications for suppression. For the same reason I make no award for reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 4842931. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$300.00		Rent arrears
Bond	$4,200.00

Order

The Bond Centre is to pay the bond of $4,200.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $300.00 [The tenant/s]: $3,900.00
All remaining claims are dismissed.

Reasons

Both parties attended the hearing.
The tenancy ended on 15 May 2023.
The landlord applied for rent arrears and compensation for damage following the end of the tenancy.
The tenant applied for exemplary damages. Rent arrears
The landlord provided rent records to prove the amount owing at the end of the tenancy. Compensation for damage
The landlord sought compensation for damage to the bathroom floor tiles, the benchtop and the wall.
There are cracks in the floor tiles of the bathrooms. The landlord did not produce evidence to support that the cracks occurred during the tenancy. There were no photographs from the beginning of the tenancy showing that the cracks were not present. The tenant’s evidence is that the cracks were there when the tenancy began but the landlord says that this was never mentioned by the tenants. The landlord produced a quote to replace the tiles.
On the evidence it is not clear that the damage occurred during the tenancy and therefore that the tenants should be liable. The claim in respect of the damaged tiles is dismissed.
The benchtop has a crack in it. The landlord claims that the tenant is responsible for this damage. Again, the landlord did not provide a pre tenancy photograph of that area of the benchtop. The tenant produced a photograph from June 2019 which appears to show the crack is present. The landlord says that the photograph is a fake.
The landlord produced a quote to repair the benchtop which is not in English. The invoice is not translated for the Tribunal and therefore I am unable to determine what the quote is for.
It is not clear that the damage occurred during the tenancy. Even if it were accepted that the damage did occur during the tenancy the quote produced by the landlord is inadequate. The landlord’s claim in respect of the damage to the benchtop is dismissed.
The landlord claims in respect of damage to the garage wall. The landlord produced photographs which are not clear. The landlord says that the tenant repaired the damage and charged the subtenant.
It is not clear from the photographs that there is any damage that is more than wear and tear. The landlord’s claim in respect of the wall damage is dismissed. Exemplary damages
Section 109 Residential Tenancies Act 1986 provides that the Tribunal may award exemplary damages to a party where the other party has committed an unlawful act.
The tenant claims that the landlord has committed several unlawful acts by asking the tenants to sign a blank bond form, failing to lodge the bond within 23 working days, failing to sign the Tenancy Agreement and harassing the tenant.
Section 109(2) Residential Tenancies Act states, A landlord or a tenant may not apply under subsection (1) later than – (a) 12 months after the termination of the tenancy in the case of – (i)An unlawful act to which section 19(2) refers; or (ii)A failure to keep records in respect of bonds that is an unlawful act to which section 30(2) refers; or (b) 12 months after the date of commission of the unlawful act in the case of any other unlawful act.
The first three of the tenant’s claims for exemplary damages relate to unlawful acts that would have occurred more than 12 months ago as they would have occurred around February 2020. Therefore, exemplary damages are not available for those acts if they were to be unlawful. As they are outside the timeframe, I have not considered whether the acts are in fact unlawful. Those parts of the tenant’s claim are dismissed.
The remaining part of the tenant’s claim for exemplary damages relates to harassment by the landlord.
Section 38 Residential Tenancies Act provides, (1) The tenant shall be entitled to have quiet enjoyment of the premises without interruption by the landlord or any person claiming by, through, or under the landlord or having superior title to that of the landlord. (2) The landlord shall not cause or permit any interference with the reasonable peace, comfort, or privacy of the tenant in the use of the premises by the tenant. (3) Contravention of subsection (2) in circumstances that amount to harassment of the tenant is hereby declared to be an unlawful act.
The quiet enjoyment relates to the tenant’s use of the premises. The tenant refers to communication from the landlord following the end of the tenancy which they claim amounts to harassment. They referred to emails dated 4 October 2023, 9 November 2023 and 22 February 2024. All these emails were received well after the tenancy ended in May 2023.
If the communication from the landlord was found to be harassment which would amount to an unlawful act it cannot be considered as being in the use of the premises by the tenant.
The tenant’s claim for exemplary damages in relation to harassment is dismissed.
As both parties have substantially succeeded with their claim or opposition to the other parties claim I grant their applications for suppression. For the same reason I make no award for reimbursement of the filing fee.

Tenancy Tribunal case 4842931 — Rent arrears at 69A Kings Road, Panmure, Auckland 1072

At a glance

Tenancy Tribunal case 4842931 — Rent arrears at 69A Kings Road, Panmure, Auckland 1072

At a glance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions