What was Tenancy Tribunal case 4881166 about?

The tribunal order states: Fili Ulufalelupe Tu'itufu must pay [The tenant/s] $1,520.44 immediately, being

How much money was awarded in case 4881166?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4881166?

The primary dispute was Smoke alarms. Related themes: Healthy homes, Exemplary damages.

Where can I read the official tribunal order for case 4881166?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10901460-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4881166 about?

The tribunal order states: Fili Ulufalelupe Tu'itufu must pay [The tenant/s] $1,520.44 immediately, being

How much money was awarded in case 4881166?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4881166?

The primary dispute was Smoke alarms. Related themes: Healthy homes, Exemplary damages.

Where can I read the official tribunal order for case 4881166?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10901460-Tribunal_Order_Redacted.pdf.

Unit/Flat 23, 12 Ambrico Place, New Lynn, Auckland 0600, Tenancy Tribunal Case 4881166 — Smoke alarms

Order

Fili Ulufalelupe Tu'itufu must pay [The tenant/s] $1,520.44 immediately, being the refund of the bond and reimbursement of the filing fee.

Reasons

Both parties attended the hearing on 30 th September 2024. The tenants attended in person and the landlord attended via teleconference from Australia.
The tenant applied for refund of the bond and exemplary damages for the landlord failing to lodge the bond with the Bond Centre and failing to comply with smoke alarm requirements. Refund of the bond
The tenant had paid $1,500.00 for the bond.
The landlord said that he had withheld amounts from the bond at the end of the tenancy as he had claims against the tenant. However, the landlord had not filed a counterclaim with Tenancy Services.
Section 22B(2) Residential Tenancies Act 1986 (RTA) 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 is refunded in full to the tenant.
I order the landlord to pay the tenant $1,500.00 as refund of the bond. Landlord’s failure to lodge the bond with the Bond Centre
[The tenant/s] claims the landlord had 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) RTA.
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 RTA.
The landlord accepted that he had not sent the bond to the Bond Centre. He had purchased the premises from the previous landlord and the tenancy continued with the tenants. The previous landlord had not lodged the bond with the Bond Centre and the landlord had never been a landlord previously and did not know about his duty to lodge the bond with the Bond Centre.
The landlord has committed an unlawful act by failing to lodge the bond with the Bond Centre.
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) RTA.
Although the landlord was in the wrong, I accept his explanation that he did not know about his obligation at the time.
The landlord now engaged in a professional tenancy property management company to manage the premises and future tenants to ensure compliance.
I decline to order any exemplary damages against the landlord for this claim. Failure to comply with the smoke alarms
[The tenant/s] claims that the landlord has breached their obligations under section 45 of the RTA. Under section 45, a landlord must comply with all requirements in respect of smoke alarms and insulation set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A RTA.
The landlord accepted that the premises failed to comply with the smoke alarm requirements. He said he found out that there was only one smoke alarm on the third level when he engaged the professional tenancy managers.
The tenants did not know about the smoke alarm issue until they received the exit report prepared by the professional tenancy managers.
The tenants never raised the smoke alarm issue previously to the landlord, and the landlord did not know about his obligations due to being a first-time landlord.
Again, the Tribunal may award exemplary damages if a party has committed the unlawful act intentionally. I again accept the landlord’s explanation that he did not know.
I decline to order any exemplary damages against the landlord.
However, I make it clear that the landlord should consider this as his one and only warning for such unlawful acts. The landlord cannot use the excuse that he did not know of his obligations ever again. Filing fee reimbursement
Because [The applicant/s] has substantially succeeded with the claim, I order the landlord to reimburse the tenant’s filing fee.

Order

Fili Ulufalelupe Tu'itufu must pay [The tenant/s] $1,520.44 immediately, being the refund of the bond and reimbursement of the filing fee.

Reasons

Both parties attended the hearing on 30 th September 2024. The tenants attended in person and the landlord attended via teleconference from Australia.
The tenant applied for refund of the bond and exemplary damages for the landlord failing to lodge the bond with the Bond Centre and failing to comply with smoke alarm requirements. Refund of the bond
The tenant had paid $1,500.00 for the bond.
The landlord said that he had withheld amounts from the bond at the end of the tenancy as he had claims against the tenant. However, the landlord had not filed a counterclaim with Tenancy Services.
Section 22B(2) Residential Tenancies Act 1986 (RTA) 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 is refunded in full to the tenant.
I order the landlord to pay the tenant $1,500.00 as refund of the bond. Landlord’s failure to lodge the bond with the Bond Centre
[The tenant/s] claims the landlord had 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) RTA.
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 RTA.
The landlord accepted that he had not sent the bond to the Bond Centre. He had purchased the premises from the previous landlord and the tenancy continued with the tenants. The previous landlord had not lodged the bond with the Bond Centre and the landlord had never been a landlord previously and did not know about his duty to lodge the bond with the Bond Centre.
The landlord has committed an unlawful act by failing to lodge the bond with the Bond Centre.
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) RTA.
Although the landlord was in the wrong, I accept his explanation that he did not know about his obligation at the time.
The landlord now engaged in a professional tenancy property management company to manage the premises and future tenants to ensure compliance.
I decline to order any exemplary damages against the landlord for this claim. Failure to comply with the smoke alarms
[The tenant/s] claims that the landlord has breached their obligations under section 45 of the RTA. Under section 45, a landlord must comply with all requirements in respect of smoke alarms and insulation set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A RTA.
The landlord accepted that the premises failed to comply with the smoke alarm requirements. He said he found out that there was only one smoke alarm on the third level when he engaged the professional tenancy managers.
The tenants did not know about the smoke alarm issue until they received the exit report prepared by the professional tenancy managers.
The tenants never raised the smoke alarm issue previously to the landlord, and the landlord did not know about his obligations due to being a first-time landlord.
Again, the Tribunal may award exemplary damages if a party has committed the unlawful act intentionally. I again accept the landlord’s explanation that he did not know.
I decline to order any exemplary damages against the landlord.
However, I make it clear that the landlord should consider this as his one and only warning for such unlawful acts. The landlord cannot use the excuse that he did not know of his obligations ever again. Filing fee reimbursement
Because [The applicant/s] has substantially succeeded with the claim, I order the landlord to reimburse the tenant’s filing fee.

Tenancy Tribunal case 4881166 — Smoke alarms at Unit/Flat 23, 12 Ambrico Place, New Lynn, Auckland 0600,

At a glance

Tenancy Tribunal case 4881166 — Smoke alarms at Unit/Flat 23, 12 Ambrico Place, New Lynn, Auckland 0600,

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions