Published tribunal order
Tenancy Tribunal case 4962794 — Tenancy dispute at 46 Tahatai Road, Oneroa, Waiheke Island 1081
Decided 4 Nov 2024 · Published 4 Nov 2024 · Application 4962794
- Exemplary damages
Order
- The Bond Centre is to pay the bond of $1,362.00 (6301370-002) to [The tenant/s] and [The tenant/s] immediately.
- The landlord is to pay the sum of $147.00 (being the filing fee and the additional bond of $120.00 which was not lodged with the Bond Centre) as calculated in the table below to [The tenant/s] and [The tenant/s] immediately:
Reasons
- The tenant attended the hearing via telephone. The landlord did not attend the hearing. As the landlord had been advised by the Tribunal that the landlord’s application for an adjournment was declined, the hearing proceeded in the landlord’s absence.
- The tenant has applied for refund of the bond. The landlord has a claim against the bond, but has not filed a counterclaim with Tenancy Services.
- Section 22B(2) of the 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. As the landlord has not filed a counterclaim the bond is refunded in full to the tenant.
- The initial bond payment was $1,362.00. This sum was lodged with the Bond Centre. At the hearing, the tenant provided a bank statement showing that they made an additional bond payment of $120.00 on 02 July 2024. The Bond Centre records show that the bond held by the Bond Centre is $1,362.00.
- Following the hearing, the previous director for the landlord sent an email to the Tribunal confirming that the additional bond payment of $120.00 had not been transferred to the Bond Centre.
- Section 19(1) of the RTA provides that a landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received.
- I am satisfied that the landlord has failed to pay this portion of the bond with the Bond Centre within the required time.
- Failing to pay the bond to the Bond Centre is a serious matter and this is reflected by Parliament making a breach of section 19(1) of the RTA an unlawful act for which, if certain criteria are met, 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.) However, the tenants have not sought exemplary damages and I make no such award.
- [The tenant/s], [The tenant/s] have wholly succeeded with the claim. For this reason, I must order reimbursement of the filing fee.