What was Tenancy Tribunal case 4927496 about?

The tribunal order states: [The landlord/s] and [The landlord/s] must pay [The tenant/s] and [The tenant/s] $1277.00 immediately.

How much money was awarded in case 4927496?

Property Damage: $500.00 awarded to tenant; Property Damage: $250.00 awarded to tenant; Cleaning: $500.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 4927496?

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

Where can I read the official tribunal order for case 4927496?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10806173-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4927496 about?

The tribunal order states: [The landlord/s] and [The landlord/s] must pay [The tenant/s] and [The tenant/s] $1277.00 immediately.

How much money was awarded in case 4927496?

Property Damage: $500.00 awarded to tenant; Property Damage: $250.00 awarded to tenant; Cleaning: $500.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 4927496?

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

Where can I read the official tribunal order for case 4927496?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10806173-Tenancy_Tribunal_Order.pdf.

290 Withells Road, Avonhead, Christchurch 8042 Tenancy Tribunal Case 4927496 — Exemplary damages

Claims and awards in Tenancy Tribunal application 4927496 — net $1,277.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages: Failure to provide premises in reasonable state of repair and cleanliness	$500.00	Failure to provide premises in reasonable state of repair and cleanliness
Exemplary damages: Failing to lodge bond	$500.00	Failing to lodge bond
Exemplary damages: Failing to provide full tenancy agreement to tenant	$250.00	Failing to provide full tenancy agreement to tenant
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,277.00
Total payable by Landlord to Tenant	$1,277.00

Order

[The landlord/s] and [The landlord/s] must pay [The tenant/s] and [The tenant/s] $1277.00 immediately.

Reasons

The tenant [The tenant/s] attended the hearing. There was no appearance by the landlords.
The tenant stated during the hearing that the landlords are the owners. There are no property managers involved. The premises consist of a free-standing house with 3 bedrooms and 1 bathroom. The tenants and their daughter (aged two years) were living there at the time.
The tenant further confirmed during the hearing that the tenancy ended on 7 August 2024. The tenant also confirmed that the bond money paid has now been returned by the landlord. Failure to provide premises in reasonable state of repair and cleanliness:
[The tenant/s] and [The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must: provide the premises in a reasonable state of cleanliness provide and maintain the premises in a reasonable state of repair
Breaching any of these obligations 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 Residential Tenancies Act 1986.
The tenant claims exemplary damages for failings in respect of moisture ingress, drainage, draught stopping and ventilation. The tenant also says that the landlord provided false and misleading Health Homes information as per s13A(1A) of the Residential Tenancies Act.
The tenant says that there was a significant gap under the exterior door which resulted in continual draught coming in under the door. The tenant says that the house was always cold. The house had a fireplace which was the only heat source. The tenant has provided photographic evidence of the gap under the exterior door with their application. The door in question is the main door the tenants used for entering and exiting. The tenant says that the photographs were taken in July 2024.
The tenant says that there was mould above the exterior door and the laundry cupboard. The tenant says that this mould was there when they moved in. The tenant has provided photographic evidence of the mould on the ceiling and in the laundry cupboard.
The tenant says that the gutters were in poor condition. He says they were sagging and when raining the gutters would not hold the water. The water would run through the cracks. The tenant also provided photographic evidence of plants growing in the guttering.
The tenant stated that the kitchen extractor fan worked but the broken switch made the unit inoperable. The extractor fan unit was also filthy at the time they moved in. The tenant said that they found mouse droppings one time when they turned the rangehood light on. The rangehood light showed the mouse droppings within the unit. The tenant dropped the cover down and placed rat poison within the rangehood.
The tenant says that they made numerous attempts to contact the landlord in respect of these issues. The tenant says that contact from the landlord was fine up until the time they moved in. The tenant says that there was no contact from landlord from 19 May to 5 August 2024 in response to their requests for maintenance.
The tenant says that the first week of being there they found cockroaches. They also requested a fire guard which had been in the listing photos. The tenant says that the landlord eventually provided this after a couple of weeks.
The tenants are seeking exemplary damages in respect of failing to provide the premises in reasonable state of repair and cleanliness.
The tenant provided convincing photographic evidence in support of this claim. It is clear from the evidence filed that the premises were not provided to the tenant is a reasonable state of repair and cleanliness at the start of the tenancy. The evidence confirmed a large gap under the exterior door; gutters in extremely poor condition; appliance switches not in proper working order and a cupboard and ceiling with clear evidence of mould.
The landlord has breached their obligations under the Residential tenancies Act in this regard and I find they have committed an unlawful act.
The claim is proven.
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. Tenancy Agreement:
[The tenant/s] and [The tenant/s] claims the landlord did not sign one section of the tenancy agreement and failed to provide a full copy of the tenancy agreement to the tenants.
A landlord must ensure the tenancy agreement is in writing, signed and a copy provided to the tenant prior to the tenancy commencing. See section 13 Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act, for which the Tribunal may award exemplary damages up to a maximum of $750.00. See section 13(4) and Schedule 1A Residential Tenancies Act 1986.
The tenants say that they were not provided with the complete tenancy agreement. They did not receive the list of chattels with the tenancy agreement. They say that at no time did they ever meet the landlord.
The landlord emailed pages 5 to 23 for the tenants to sign. The tenants then signed and emailed back to the landlord. The landlord did not return the last page with the inspection report and signatures confirming receipt of the rent and bond paid.
I have sighted the tenancy agreement as provided by the tenants with their application. The landlord has clearly failed to complete this part of the agreement. Under section 13 of the RTA the landlord must provide the tenant with a copy of the full agreement. The last page is an essential part of the overall agreement and must be provided to the tenant.
This claim is proven. Failure to lodge bond:
[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 tenants paid the bond to the landlord on 17 May 2024. The tenants asked the landlord whether they had paid the bond into the bond centre. The landlord did not complete a bond lodgement form with the tenant. They raised this with the landlord on 16 June to which they received no reply. The tenants never received any confirmation from the bond centre confirming receipt of the bond.
The tenant says that the lack of communication from the landlord was frustrating. They spent significant time trying to get responses from the landlord but to no avail.
It is clear from the evidence provided in support of the application that the landlord never lodged the bond with the bond centre as required.
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.
I am satisfied that the landlord has breached their obligations. The bond was not lodged within 23 working days “after the payment was made”. The bond money does not belong to the landlord, there was no right for them to hold it.
I consider exemplary damages should be ordered for these reasons: i. I consider it likely the failure to lodge the bond was intentional. The landlord would be well aware of their obligations to lodge the bond following the payment being made. ii. The effect for the tenants is that their bond was not secure in the Bond Centre. iii. There is a strong interest for landlords, tenants and the public generally that the bond system be robust, and of course that means landlords lodging tenants bond money as they are required to do. iv. It would be just to make an order.
The maximum level of exemplary damages for failing to lodge the bond is $1500.00. For reasons as set out above, I order one third of the maximum, that is $500.00 exemplary damages to be paid to the tenants.
The tenant confirmed during the hearing that they are no longer pursuing the claim of unlawful entry by the landlord.
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 4927496 — net $1,277.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages: Failure to provide premises in reasonable state of repair and cleanliness	$500.00	Failure to provide premises in reasonable state of repair and cleanliness
Exemplary damages: Failing to lodge bond	$500.00	Failing to lodge bond
Exemplary damages: Failing to provide full tenancy agreement to tenant	$250.00	Failing to provide full tenancy agreement to tenant
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,277.00
Total payable by Landlord to Tenant	$1,277.00

Order

[The landlord/s] and [The landlord/s] must pay [The tenant/s] and [The tenant/s] $1277.00 immediately.

Reasons

The tenant [The tenant/s] attended the hearing. There was no appearance by the landlords.
The tenant stated during the hearing that the landlords are the owners. There are no property managers involved. The premises consist of a free-standing house with 3 bedrooms and 1 bathroom. The tenants and their daughter (aged two years) were living there at the time.
The tenant further confirmed during the hearing that the tenancy ended on 7 August 2024. The tenant also confirmed that the bond money paid has now been returned by the landlord. Failure to provide premises in reasonable state of repair and cleanliness:
[The tenant/s] and [The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must: provide the premises in a reasonable state of cleanliness provide and maintain the premises in a reasonable state of repair
Breaching any of these obligations 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 Residential Tenancies Act 1986.
The tenant claims exemplary damages for failings in respect of moisture ingress, drainage, draught stopping and ventilation. The tenant also says that the landlord provided false and misleading Health Homes information as per s13A(1A) of the Residential Tenancies Act.
The tenant says that there was a significant gap under the exterior door which resulted in continual draught coming in under the door. The tenant says that the house was always cold. The house had a fireplace which was the only heat source. The tenant has provided photographic evidence of the gap under the exterior door with their application. The door in question is the main door the tenants used for entering and exiting. The tenant says that the photographs were taken in July 2024.
The tenant says that there was mould above the exterior door and the laundry cupboard. The tenant says that this mould was there when they moved in. The tenant has provided photographic evidence of the mould on the ceiling and in the laundry cupboard.
The tenant says that the gutters were in poor condition. He says they were sagging and when raining the gutters would not hold the water. The water would run through the cracks. The tenant also provided photographic evidence of plants growing in the guttering.
The tenant stated that the kitchen extractor fan worked but the broken switch made the unit inoperable. The extractor fan unit was also filthy at the time they moved in. The tenant said that they found mouse droppings one time when they turned the rangehood light on. The rangehood light showed the mouse droppings within the unit. The tenant dropped the cover down and placed rat poison within the rangehood.
The tenant says that they made numerous attempts to contact the landlord in respect of these issues. The tenant says that contact from the landlord was fine up until the time they moved in. The tenant says that there was no contact from landlord from 19 May to 5 August 2024 in response to their requests for maintenance.
The tenant says that the first week of being there they found cockroaches. They also requested a fire guard which had been in the listing photos. The tenant says that the landlord eventually provided this after a couple of weeks.
The tenants are seeking exemplary damages in respect of failing to provide the premises in reasonable state of repair and cleanliness.
The tenant provided convincing photographic evidence in support of this claim. It is clear from the evidence filed that the premises were not provided to the tenant is a reasonable state of repair and cleanliness at the start of the tenancy. The evidence confirmed a large gap under the exterior door; gutters in extremely poor condition; appliance switches not in proper working order and a cupboard and ceiling with clear evidence of mould.
The landlord has breached their obligations under the Residential tenancies Act in this regard and I find they have committed an unlawful act.
The claim is proven.
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. Tenancy Agreement:
[The tenant/s] and [The tenant/s] claims the landlord did not sign one section of the tenancy agreement and failed to provide a full copy of the tenancy agreement to the tenants.
A landlord must ensure the tenancy agreement is in writing, signed and a copy provided to the tenant prior to the tenancy commencing. See section 13 Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act, for which the Tribunal may award exemplary damages up to a maximum of $750.00. See section 13(4) and Schedule 1A Residential Tenancies Act 1986.
The tenants say that they were not provided with the complete tenancy agreement. They did not receive the list of chattels with the tenancy agreement. They say that at no time did they ever meet the landlord.
The landlord emailed pages 5 to 23 for the tenants to sign. The tenants then signed and emailed back to the landlord. The landlord did not return the last page with the inspection report and signatures confirming receipt of the rent and bond paid.
I have sighted the tenancy agreement as provided by the tenants with their application. The landlord has clearly failed to complete this part of the agreement. Under section 13 of the RTA the landlord must provide the tenant with a copy of the full agreement. The last page is an essential part of the overall agreement and must be provided to the tenant.
This claim is proven. Failure to lodge bond:
[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 tenants paid the bond to the landlord on 17 May 2024. The tenants asked the landlord whether they had paid the bond into the bond centre. The landlord did not complete a bond lodgement form with the tenant. They raised this with the landlord on 16 June to which they received no reply. The tenants never received any confirmation from the bond centre confirming receipt of the bond.
The tenant says that the lack of communication from the landlord was frustrating. They spent significant time trying to get responses from the landlord but to no avail.
It is clear from the evidence provided in support of the application that the landlord never lodged the bond with the bond centre as required.
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.
I am satisfied that the landlord has breached their obligations. The bond was not lodged within 23 working days “after the payment was made”. The bond money does not belong to the landlord, there was no right for them to hold it.
I consider exemplary damages should be ordered for these reasons: i. I consider it likely the failure to lodge the bond was intentional. The landlord would be well aware of their obligations to lodge the bond following the payment being made. ii. The effect for the tenants is that their bond was not secure in the Bond Centre. iii. There is a strong interest for landlords, tenants and the public generally that the bond system be robust, and of course that means landlords lodging tenants bond money as they are required to do. iv. It would be just to make an order.
The maximum level of exemplary damages for failing to lodge the bond is $1500.00. For reasons as set out above, I order one third of the maximum, that is $500.00 exemplary damages to be paid to the tenants.
The tenant confirmed during the hearing that they are no longer pursuing the claim of unlawful entry by the landlord.
Because [The tenant/s], [The tenant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4927496 — Exemplary damages at 290 Withells Road, Avonhead, Christchurch 8042

At a glance

Tenancy Tribunal case 4927496 — Exemplary damages at 290 Withells Road, Avonhead, Christchurch 8042

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