What was Tenancy Tribunal case 4854422 about?

The tribunal order states: Rental 21 Limited T/A Century 21 Dhatt & Co As Agent For Namid & Ashmeet

How much money was awarded in case 4854422?

Property Damage: $300.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4854422?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4854422?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10650967-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4854422 about?

The tribunal order states: Rental 21 Limited T/A Century 21 Dhatt & Co As Agent For Namid & Ashmeet

How much money was awarded in case 4854422?

Property Damage: $300.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4854422?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4854422?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10650967-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4854422 — Exemplary damages

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4854422 — net $320.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages failure to lodge bond	$300.00	Exemplary damages failure to lodge bond
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$320.44
Total payable by Landlord to Tenant	$320.44

Rental 21 Limited T/A Century 21 Dhatt & Co As Agent For Namid & Ashmeet Dutta Kamaljit Singh must pay [The tenant/s] $320.44 immediately calculated as shown in the table below: DescriptionTenant Exemplary damages failure to lodge bond $300.00 Filing fee reimbursement $20.44 Total award $320.44 Total payable by Landlord to Tenant $320.44

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.

Did the landlord breach their obligations in respect of the bond?

The tenant paid the bond on 14 November 2022. The landlord lodged the bond on 5 February 2023. 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 landlord acknowledges that the bond was not lodged and says the this was the fault of a previous property manager.

The effect of this act was to create stress, financial pressure and the need for multiple communications by the tenant at the end of the tenancy to try and locate her bond.

It is in the public interest that landlords understand lodgement of a bond at the Bond Centre is a serious responsibility. The bond belongs to the tenant unless agreed or ordered otherwise. There are very good reasons that the bond should be held by a neutral body during the tenancy.

The landlord stated that in recognition of the stress to the tenant they waived an amount of rent outstanding of $574.29 and water of $108.00 and have now refunded the full bond to the tenant.

The tenant agreed that rent was owed at the end of the tenancy but disputes the water.

I have not taken notice of the water as the amount is disputed; however, I have taken into account that the tenant has received the benefit of $574.29 for the rent waived.

Having considered the above factors, I order the landlord to pay the tenant the amount of $300.00 in exemplary damages. With the rent of $574.29 already waived this amounts to a total of $874.29 to the tenant. Suppression/Filing fee

Because the tenant has wholly succeeded with the claim I must reimburse the filing fee and suppress the tenant details in the order as applied for. See sections 102(4) and 95A(1) Residential Tenancies Act 1986.

Order

Claims and awards in Tenancy Tribunal application 4854422 — net $320.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages failure to lodge bond	$300.00	Exemplary damages failure to lodge bond
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$320.44
Total payable by Landlord to Tenant	$320.44