What was Tenancy Tribunal case 4929696 about?

The tribunal order states: The Tribunal orders suppression of the names and identifying details of the

How much money was awarded in case 4929696?

Disbursements/Costs: $400.00 awarded to tenant; Property Damage: $3,400.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant; Rent Refund - Unlawful Residential P…: $10,000.00 awarded to tenant

What type of tenancy dispute was case 4929696?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4929696?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11375059-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4929696 about?

The tribunal order states: The Tribunal orders suppression of the names and identifying details of the

How much money was awarded in case 4929696?

Disbursements/Costs: $400.00 awarded to tenant; Property Damage: $3,400.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant; Rent Refund - Unlawful Residential P…: $10,000.00 awarded to tenant

What type of tenancy dispute was case 4929696?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4929696?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11375059-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4929696 — Exemplary damages

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New Zealand Tenancy Tribunal Case 4929696 — Exemplary damages | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4929696 — net $13,827.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages for all breaches amounting to unlawful acts	$3,400.00	Exemplary damages for all breaches amounting to unlawful acts
Rent refund - unlawful residential premises	$10,000.00	Rent refund - unlawful residential premises
Disbursements/costs	$400.00	Disbursements/costs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$13,827.00
Total payable by Landlord to Tenant	$13,827.00

Claims and awards for application 4929696 — net $13,827.00 NZD. Verify on MoJ.

Exemplary damages for all breaches amounting to unlawful acts

Amount: $3,400.00
Awarded to: Tenant
Reason: Exemplary damages for all breaches amounting to unlawful acts

Rent refund - unlawful residential premises

Amount: $10,000.00
Awarded to: Tenant
Reason: Rent refund - unlawful residential premises

Disbursements/costs

Amount: $400.00
Awarded to: Tenant
Reason: Disbursements/costs

Filing fee reimbursement

Amount: $27.00
Awarded to: Tenant
Reason: Filing fee reimbursement

Net award

Tenant $13,827.00

Total payable by Landlord to Tenant

Tenant $13,827.00

Claim types — money lines allowed on this order

Exemplary damages Filing Fee

Order

The Tribunal orders suppression of the names and identifying details of the tenants.
Trott Dairy Limited must pay The Chief Executive, Ministry of Business, Innovation, and Employment in place of Tenant(s) $13,827.00 immediately, calculated as shown in table below:
The Tribunal makes an order restraining the landlord from committing any further breaches of the following sections of the Residential Tenancies Act 1986 for a period of 3 years from the date of this order: •Section 13A(1A)-(1C) •Section 13A(1CA) •Section 19(1)(a)-(b) •Section 45(1)(b) •Section 45(1)(ba) •Section 45(1)(c) •Section 45(1)(bb).

Reasons

Both parties attended the hearing. Ms Sataiya-Calderwood represented the Chief Executive, Ministry of Business, Innovation, and Employment (MBIE). Mr Williams represented the landlord company. Ms Mitchell, the daughter of the sole director of the landlord company, also attended.
The hearing today was scheduled following a telephone directions conference I held with Ms Sataiya-Calderwood and Ms Mitchell on 25 October 2024.
The parties met and reached an agreement about the landlord’s liability for its admitted breaches of the Residential Tenancies Act 1986 (RTA) that amounted to unlawful acts.
Some of the breaches were for short periods between (variously) 22 February 2023, 22 June 2023, and 26 July 2023 until the end of the tenancy on 28 August 2023. While there were three distinct periods, the application concerned one tenancy premises with one group of tenants, three altogether.
The landlord company also accepted that the premises were unlawful residential premises and consented to a part refund of rent to the tenants.
The Tribunal may declare premises to be unlawful residential premises. See section 77(2)(ac) RTA. Residential premises are unlawful if they cannot be lawfully occupied for residential purposes, and the landlord has caused or contributed to the unlawful occupation by failing to comply with sections 36 or 45(1)(c) RTA. See section 78A(2) RTA.
Here, the Tribunal need not make a declaration given the landlord company’s acceptance that the premises were unlawful residential premises.
Despite the order having immediate effect, the parties agreed that the landlord company may have 60 days in which to make payment of the amount ordered against it. Only after that would any enforcement action be taken for non- payment.
I have awarded MBIE reasonable disbursements and the filing fee also by consent.
Section 95A(2) RTA requires the Tribunal to order non-publication of the names of the tenants in whose place MBIE made the application. I have therefore ordered suppression of the tenants’ names and identifying details.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4929696 — net $13,827.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages for all breaches amounting to unlawful acts	$3,400.00	Exemplary damages for all breaches amounting to unlawful acts
Rent refund - unlawful residential premises	$10,000.00	Rent refund - unlawful residential premises
Disbursements/costs	$400.00	Disbursements/costs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$13,827.00
Total payable by Landlord to Tenant	$13,827.00

Claims and awards for application 4929696 — net $13,827.00 NZD. Verify on MoJ.

Exemplary damages for all breaches amounting to unlawful acts

Amount: $3,400.00
Awarded to: Tenant
Reason: Exemplary damages for all breaches amounting to unlawful acts

Rent refund - unlawful residential premises

Amount: $10,000.00
Awarded to: Tenant
Reason: Rent refund - unlawful residential premises

Disbursements/costs

Amount: $400.00
Awarded to: Tenant
Reason: Disbursements/costs

Filing fee reimbursement

Amount: $27.00
Awarded to: Tenant
Reason: Filing fee reimbursement

Net award

Tenant $13,827.00

Total payable by Landlord to Tenant

Tenant $13,827.00

Claim types — money lines allowed on this order

Exemplary damages Filing Fee

Order

The Tribunal orders suppression of the names and identifying details of the tenants.
Trott Dairy Limited must pay The Chief Executive, Ministry of Business, Innovation, and Employment in place of Tenant(s) $13,827.00 immediately, calculated as shown in table below:
The Tribunal makes an order restraining the landlord from committing any further breaches of the following sections of the Residential Tenancies Act 1986 for a period of 3 years from the date of this order: •Section 13A(1A)-(1C) •Section 13A(1CA) •Section 19(1)(a)-(b) •Section 45(1)(b) •Section 45(1)(ba) •Section 45(1)(c) •Section 45(1)(bb).

Reasons

Both parties attended the hearing. Ms Sataiya-Calderwood represented the Chief Executive, Ministry of Business, Innovation, and Employment (MBIE). Mr Williams represented the landlord company. Ms Mitchell, the daughter of the sole director of the landlord company, also attended.
The hearing today was scheduled following a telephone directions conference I held with Ms Sataiya-Calderwood and Ms Mitchell on 25 October 2024.
The parties met and reached an agreement about the landlord’s liability for its admitted breaches of the Residential Tenancies Act 1986 (RTA) that amounted to unlawful acts.
Some of the breaches were for short periods between (variously) 22 February 2023, 22 June 2023, and 26 July 2023 until the end of the tenancy on 28 August 2023. While there were three distinct periods, the application concerned one tenancy premises with one group of tenants, three altogether.
The landlord company also accepted that the premises were unlawful residential premises and consented to a part refund of rent to the tenants.
The Tribunal may declare premises to be unlawful residential premises. See section 77(2)(ac) RTA. Residential premises are unlawful if they cannot be lawfully occupied for residential purposes, and the landlord has caused or contributed to the unlawful occupation by failing to comply with sections 36 or 45(1)(c) RTA. See section 78A(2) RTA.
Here, the Tribunal need not make a declaration given the landlord company’s acceptance that the premises were unlawful residential premises.
Despite the order having immediate effect, the parties agreed that the landlord company may have 60 days in which to make payment of the amount ordered against it. Only after that would any enforcement action be taken for non- payment.
I have awarded MBIE reasonable disbursements and the filing fee also by consent.
Section 95A(2) RTA requires the Tribunal to order non-publication of the names of the tenants in whose place MBIE made the application. I have therefore ordered suppression of the tenants’ names and identifying details.

Tenancy Tribunal case 4929696 — Exemplary damages

At a glance

Tenancy Tribunal case 4929696 — 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