What was Tenancy Tribunal case 4879981 about?

The tribunal order states: [The party] and [The landlord/s] must pay [The tenant/s]

How much money was awarded in case 4879981?

Property Damage: $800.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4879981?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4879981?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10644178-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4879981 about?

The tribunal order states: [The party] and [The landlord/s] must pay [The tenant/s]

How much money was awarded in case 4879981?

Property Damage: $800.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4879981?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4879981?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10644178-Tenancy_Tribunal_Order.pdf.

4C Prospero Terrace, Mount Albert, Auckland 1025 Tenancy Tribunal Case 4879981 — Exemplary damages

Reasons

Claims and awards in Tenancy Tribunal application 4879981 — net $2,020.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Balance of bond – with landlord	$1,200.00	Balance of bond – with landlord
Filing fee reimbursement	$20.44	Filing fee reimbursement
Exemplary damages: s 19 - Failure to lodge bond	$800.00	s 19 - Failure to lodge bond
Net award	$2,020.44
Total payable by Landlord to Tenant	$2,020.44

The tenants attended the hearing, conducted via video. The landlord did not join and a call out was made. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. The tenants confirmed the voice massage was more than likely [The landlord/s]. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.

The tenant has applied for refund of the bond and that the landlord failed to lodge the bond.

The order is made against both [The landlord/s] and [The party], a business name she trades under and used by her in the tenancy agreement. The landlord number called today is consistent with that currently used for the trading name contact. Refund

Section 22B(2) Residential Tenancies Act 1986 provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim. Because the landlord has not filed a counterclaim the bond balance of $1,200.00 is refunded to the tenant. The landlord paid $1,000 of the bond directly to the tenants previously. Lodgement

[The tenant/s] and [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 claims to have lodged the bond but no record exists at the Bond Centre and no supporting evidence of lodgement has been provided. In messages provided to the Tribunal the landlord promised to send the tenants such evidence, but she never did.

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 omission to lodge the bond is a serious failure. In this instance it is made worse due to the landlord’s handling subsequently. Further messaging from her to the tenants appears to contain falsehoods regarding the bond situation. I have considered the landlord’s payment of $1,000.00 positively and settled on an award of $800.00 exemplary damages for the landlord’s failure to lodge the bond. This is around the mid-point of the maximum amount permitted.

Because [The tenant/s], [The tenant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4879981 — net $2,020.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Balance of bond – with landlord	$1,200.00	Balance of bond – with landlord
Filing fee reimbursement	$20.44	Filing fee reimbursement
Exemplary damages: s 19 - Failure to lodge bond	$800.00	s 19 - Failure to lodge bond
Net award	$2,020.44
Total payable by Landlord to Tenant	$2,020.44

Order

[The party] and [The landlord/s] must pay [The tenant/s] and [The tenant/s] $2,020.44 immediately, per the table below:

Reasons

The tenants attended the hearing, conducted via video. The landlord did not join and a call out was made. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. The tenants confirmed the voice massage was more than likely [The landlord/s]. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
The tenant has applied for refund of the bond and that the landlord failed to lodge the bond.
The order is made against both [The landlord/s] and [The party], a business name she trades under and used by her in the tenancy agreement. The landlord number called today is consistent with that currently used for the trading name contact. Refund
Section 22B(2) Residential Tenancies Act 1986 provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim. Because the landlord has not filed a counterclaim the bond balance of $1,200.00 is refunded to the tenant. The landlord paid $1,000 of the bond directly to the tenants previously. Lodgement
[The tenant/s] and [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 claims to have lodged the bond but no record exists at the Bond Centre and no supporting evidence of lodgement has been provided. In messages provided to the Tribunal the landlord promised to send the tenants such evidence, but she never did.
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 omission to lodge the bond is a serious failure. In this instance it is made worse due to the landlord’s handling subsequently. Further messaging from her to the tenants appears to contain falsehoods regarding the bond situation. I have considered the landlord’s payment of $1,000.00 positively and settled on an award of $800.00 exemplary damages for the landlord’s failure to lodge the bond. This is around the mid-point of the maximum amount permitted.
Because [The tenant/s], [The tenant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4879981 — Exemplary damages at 4C Prospero Terrace, Mount Albert, Auckland 1025

At a glance

Tenancy Tribunal case 4879981 — Exemplary damages at 4C Prospero Terrace, Mount Albert, Auckland 1025

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