What was Tenancy Tribunal case 4927286 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 4927286?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4927286?

The primary dispute was Cleanliness. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4927286?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10754242-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4927286 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 4927286?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4927286?

The primary dispute was Cleanliness. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4927286?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10754242-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4927286 — Cleanliness

Tenantcheck Insights

Reasons

On 1 July 2024 the Tribunal issued an order dismissing the landlord’s application for cleaning costs of $213.90 following the end of the tenancy. It ordered the bond be paid to the tenant in full.

The tenant has cross applied. He seeks compensation and/or exemplary damages for his stress, hurt feelings, loss of dignity, and the time and effort preparing a response to the landlord’s application. He alleges illegality because the landlord did not prove its case against him.

The tenant’s application is misguided. Each party bears the cost of preparing evidence and submissions to respond to a Tribunal application. Only when parties are legally represented will the Tribunal consider an application for costs.

The Tribunal does not compensate hurt feels, wounded pride, nor the stress of responding to an application. There is no statutory basis for it to do so.

Nor can the Tribunal award exemplary damages. The tenant has not identified any defined unlawful act by the landlord.

That the Tribunal dismissed the landlord’s application does not mean that it was wrongly brought. It simply means that it did not find the landlord’s case proved.

There was nothing illegal or improper in the landlord applying to the Tribunal for cleaning costs.

When disputes such as this arise and the parties cannot resolve them, it is the Tribunal’s role to consider the evidence and make a decision that is binding on them. That a party does not succeed does not establish illegality. Logically, that would be a nonsense since in any litigation there is always a winner and a loser.

Any litigation is stressful. The Tribunal acknowledges that. But the tenant’s application for compensation cannot succeed and is dismissed.

Further, the fact that the tenant was granted name suppression means that there has been no publication of any details, so no harm to his dignity or reputation.

I must continue the name suppression I granted to the tenant on the landlord’s application even though this application is unsuccessful.