What was Tenancy Tribunal case 4921494 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4921494?

Carpet Stains And Writing On Window…: $400.00 awarded to landlord; Compensation: $600.00 awarded to landlord; Property Damage: $750.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant; Water Rates: $394.83 awarded to landlord

What type of tenancy dispute was case 4921494?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4921494?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11320072-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4921494 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4921494?

Carpet Stains And Writing On Window…: $400.00 awarded to landlord; Compensation: $600.00 awarded to landlord; Property Damage: $750.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant; Water Rates: $394.83 awarded to landlord

What type of tenancy dispute was case 4921494?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4921494?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11320072-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4921494 — Exemplary damages

Reasons

Background

Claims and awards in Tenancy Tribunal application 4921494 — net $624.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Compensation for refrigerator	$600.00		Compensation for refrigerator
Carpet stains and writing on window sill	$400.00		Carpet stains and writing on window sill
Water rates	$394.83		Water rates
Exemplary damages: Failure to pay bond to Bond Centre		$750.00	Failure to pay bond to Bond Centre
Filing fee reimbursement		$20.44	Filing fee reimbursement
Total award	$1,394.83	$770.44
Net award	$624.39
Total payable by Tenant to Landlord	$624.39

The tenant’s application seeks refund of the bond and exemplary damages for the landlord failing to pay the bond to the Bond Centre.

The hearing took place in [Event location suppressed] on 15 January 2025.

[The tenant/s] did not attend the hearing. [The tenant/s] did not seek an adjournment or indicate that she would be unavailable for the hearing.

Ms Eufemia Bates attended the hearing and was assisted by her daughter Ms Undyne Bates.

The hearing proceeded in [The tenant/s] absence. 1 Failure to pay bond to the Bond Centre

Landlords must forward any bond payments to the Bond Centre within 23- working days of receipt. 2

Failure to do this is an unlawful act. 3 Exemplary damages of up to $1,500 can apply.

In considering an award of exemplary damages the Tribunal must have regard to: 4 a. The intention of the person who committed the unlawful act; and b. The effect of the unlawful act; and c. The interests of the person against whom the act was committed; and d. The public interest.

Ms Bates explained that the failure to pay the bond to the Bond Centre was an oversight, due to the rushed circumstances of the tenancy. She paid the bond to the Bond Centre in August 2024.

I will award exemplary damages of $750.00 having regard to the following factors: a. I accept that the failure to pay the bond to the Bond Centre was a genuine oversight. b. The purpose of requiring landlords to pay bonds to a neutral third party is to avoid problems with landlord keeping bonds at the end of the tenancy, which is exactly what happened here. 1 Section 92(1) Residential Tenancies Act 1986 (“RTA”) 2 Section 19(1)(b) RTA 3 Section 19(2) RTA 4 Section 109 RTA c. There is a legitimate public interest in ensuring that bonds are held by the Bond Centre and not by landlords. Distribution of the bond

Ms Bates said that she is entitled to receive the bond because of amounts owed by the tenant for rent arrears (one week), water rates, cleaning, and a refrigerator that the tenant took with her.

Addressing these claims: a. Rent: Landlords have a legal duty to keep a rent record showing all of the tenant’s rent payments during the tenancy. 5 Ms Bates did not keep a rent record. The only evidence that Ms Bates provided was a screenshot of a bank statement showing some of [The tenant/s] rent payments, the last of which was on 6 May. The tenancy ended on 10 May. If [The tenant/s] paid her rent a week in advance (as is standard practice), then it is not apparent that she owed any arrears at the end of the tenancy. The claim for rent arrears is not proven. b. Water: Water rates are owed for the period 18 December 2023 to the end of the tenancy. Ms Bates provided a copy of the relevant [water] invoice. Water consumption for that period totalled $394.83. Tenants do not pay the supply charge. 6 c. Cleaning: Tenants must leave the premises reasonably clean and tidy at the end of the tenancy. 7 In any claim for cleaning costs, the landlord has the burden of proof. Ms Bates provided photographs showing dirt / marks down the side of the stove and the side of the kitchen cabinet in the recess where the stove was situated. In my view it is not reasonable to expect the tenant to pull the stove out of the recess to clean down the side of it. This is physically difficult, especially if the tenant is alone, and the tenant may not want to risk damaging the stove. Ms Bates provided photographs of two stains on the carpet and some children’s writing on a window sill. I accept Ms Bates’ oral evidence that this damage happened during Ms [The tenant/s] tenancy. I will award $150.00 for each stain and $100.00 for removing the writing on the sill (the sill had to be painted). d. Refrigerator: Ms Bates provided a screenshot of a test message from [The tenant/s] in which [The tenant/s] acknowledges that she has the refrigerator and agrees that its value can be deducted from the bond. Ms Bates seeks $600.00. I have no evidence of the age and condition of the fridge, but the amount claimed seems reasonable. 5 Section 30 RTA 6 Section 39(1)(a) RTA 7 Section 40(1)(e)(iii) RTA Filing fee, name suppression, bond

[The tenant/s] was successful in her application. I must award her the filing fee for the application. 8

[The tenant/s] sought name suppression. Name suppression is granted on the grounds that [The tenant/s] was substantially successful in the proceedings. 9

The landlord is to receive $624.39 from the bond, calculated per the table above. The balance will be released to the tenant.

Claims and awards in Tenancy Tribunal application 4921494 — net $624.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Compensation for refrigerator	$600.00		Compensation for refrigerator
Carpet stains and writing on window sill	$400.00		Carpet stains and writing on window sill
Water rates	$394.83		Water rates
Exemplary damages: Failure to pay bond to Bond Centre		$750.00	Failure to pay bond to Bond Centre
Filing fee reimbursement		$20.44	Filing fee reimbursement
Total award	$1,394.83	$770.44
Net award	$624.39
Total payable by Tenant to Landlord	$624.39

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details. 2.
The Bond Centre is to pay the bond of immediately apportioned as follows: : [The tenant/s]:

Reasons

Background

The tenant’s application seeks refund of the bond and exemplary damages for the landlord failing to pay the bond to the Bond Centre.
The hearing took place in [Event location suppressed] on 15 January 2025.
[The tenant/s] did not attend the hearing. [The tenant/s] did not seek an adjournment or indicate that she would be unavailable for the hearing.
Ms Eufemia Bates attended the hearing and was assisted by her daughter Ms Undyne Bates.
The hearing proceeded in [The tenant/s] absence. 1 Failure to pay bond to the Bond Centre
Landlords must forward any bond payments to the Bond Centre within 23- working days of receipt. 2
Failure to do this is an unlawful act. 3 Exemplary damages of up to $1,500 can apply.
In considering an award of exemplary damages the Tribunal must have regard to: 4 a. The intention of the person who committed the unlawful act; and b. The effect of the unlawful act; and c. The interests of the person against whom the act was committed; and d. The public interest.
Ms Bates explained that the failure to pay the bond to the Bond Centre was an oversight, due to the rushed circumstances of the tenancy. She paid the bond to the Bond Centre in August 2024.
I will award exemplary damages of $750.00 having regard to the following factors: a. I accept that the failure to pay the bond to the Bond Centre was a genuine oversight. b. The purpose of requiring landlords to pay bonds to a neutral third party is to avoid problems with landlord keeping bonds at the end of the tenancy, which is exactly what happened here. 1 Section 92(1) Residential Tenancies Act 1986 (“RTA”) 2 Section 19(1)(b) RTA 3 Section 19(2) RTA 4 Section 109 RTA c. There is a legitimate public interest in ensuring that bonds are held by the Bond Centre and not by landlords. Distribution of the bond
Ms Bates said that she is entitled to receive the bond because of amounts owed by the tenant for rent arrears (one week), water rates, cleaning, and a refrigerator that the tenant took with her.
Addressing these claims: a. Rent: Landlords have a legal duty to keep a rent record showing all of the tenant’s rent payments during the tenancy. 5 Ms Bates did not keep a rent record. The only evidence that Ms Bates provided was a screenshot of a bank statement showing some of [The tenant/s] rent payments, the last of which was on 6 May. The tenancy ended on 10 May. If [The tenant/s] paid her rent a week in advance (as is standard practice), then it is not apparent that she owed any arrears at the end of the tenancy. The claim for rent arrears is not proven. b. Water: Water rates are owed for the period 18 December 2023 to the end of the tenancy. Ms Bates provided a copy of the relevant [water] invoice. Water consumption for that period totalled $394.83. Tenants do not pay the supply charge. 6 c. Cleaning: Tenants must leave the premises reasonably clean and tidy at the end of the tenancy. 7 In any claim for cleaning costs, the landlord has the burden of proof. Ms Bates provided photographs showing dirt / marks down the side of the stove and the side of the kitchen cabinet in the recess where the stove was situated. In my view it is not reasonable to expect the tenant to pull the stove out of the recess to clean down the side of it. This is physically difficult, especially if the tenant is alone, and the tenant may not want to risk damaging the stove. Ms Bates provided photographs of two stains on the carpet and some children’s writing on a window sill. I accept Ms Bates’ oral evidence that this damage happened during Ms [The tenant/s] tenancy. I will award $150.00 for each stain and $100.00 for removing the writing on the sill (the sill had to be painted). d. Refrigerator: Ms Bates provided a screenshot of a test message from [The tenant/s] in which [The tenant/s] acknowledges that she has the refrigerator and agrees that its value can be deducted from the bond. Ms Bates seeks $600.00. I have no evidence of the age and condition of the fridge, but the amount claimed seems reasonable. 5 Section 30 RTA 6 Section 39(1)(a) RTA 7 Section 40(1)(e)(iii) RTA Filing fee, name suppression, bond
[The tenant/s] was successful in her application. I must award her the filing fee for the application. 8
[The tenant/s] sought name suppression. Name suppression is granted on the grounds that [The tenant/s] was substantially successful in the proceedings. 9
The landlord is to receive $624.39 from the bond, calculated per the table above. The balance will be released to the tenant.

Tenancy Tribunal case 4921494 — Exemplary damages

At a glance

Tenancy Tribunal case 4921494 — Exemplary damages

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