What was Tenancy Tribunal case 4964473 about?

The tribunal order states: Esteem Property Management Limited and Laina Goodmanson must pay [The

How much money was awarded in case 4964473?

Property Damage: $1,350.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 4964473?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4964473?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10936617-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4964473 about?

The tribunal order states: Esteem Property Management Limited and Laina Goodmanson must pay [The

How much money was awarded in case 4964473?

Property Damage: $1,350.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 4964473?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4964473?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10936617-Tribunal_Order_Redacted.pdf.

Room 3, 348 Ettrick Street, Georgetown, Invercargill 9812 Tenancy Tribunal Case 4964473 — Exemplary damages

Reasons

Claims and awards in Tenancy Tribunal application 4964473 — net $2,097.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Return of bond (unlodged	$720.00	Return of bond (unlodged
Exemplary damages: for non-lodgment of bond	$1,350.00	for non-lodgment of bond
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,097.00
Total payable by Landlord to Tenant	$2,097.00

Only the tenant attended the video conference hearing. The landlord did not attend. Calls to the landlord went unanswered.

I am satisfied that the residential premises at 348 Ettrick Street, Georgetown, Invercargill has been operated as a boarding house; the residential premises contain 7 boarding rooms along with facilities for communal use by the tenants of the boarding house. The residential premises have been occupied, or intended by the landlord to be occupied, by at least 6 tenants at any one time.

The tenant rented room 3 at the boarding house for more than 28 days from 15 May 2024 to 26 June 2024 under which tenancy the tenant was granted exclusive rights to occupy particular sleeping quarters in the boarding house, ie., room 3, and has the right to the shared use of the facilities of the boarding house. The tenant paid rent of $180.00 per week.

At the start of the tenancy, [The tenant/s] paid a bond of $720.00 to Laina Goodmanson. The landlord on the written tenancy agreement is also listed as Esteem Property Management Limited.

The tenant seeks the return of her bond at the end of the tenancy and exemplary damages for the failure by the landlord to lodge 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 (‘RTA’).

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.

After the end of the tenancy on 26 June 2024, the landlord refused to return the bond. I find they have committed an unlawful act in breach of section 19(2) RTA.

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.

No reason has been provided as to why the bond had not been lodged at all. The landlord also failed to return the bond to the tenant altogether. Efforts to track down the landlord failed.

I find that exemplary damages on the high end of the scale is appropriate.

At the end of the tenancy, the landlord refused to return the bond. The tenant was left at the mercy of the landlord. It was primarily for this reason that bonds must be lodged at the Bond Centre; it is in order to prevent abuse of tenants' money by irresponsible landlords.

Neither the landlord nor its agent appeared at the hearing. The landlord appears to be a property management company. The failure to lodge the bond borderlines on contumelious default in relation to obligations which must be adhered to by landlords pursuant to the Residential Tenancies Act 1986.

Considering those factors and the public interest and the tenant’s interest, I award exemplary damages of $1,350.00 against the landlord.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and also suppress the tenant’s name.

Claims and awards in Tenancy Tribunal application 4964473 — net $2,097.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Return of bond (unlodged	$720.00	Return of bond (unlodged
Exemplary damages: for non-lodgment of bond	$1,350.00	for non-lodgment of bond
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,097.00
Total payable by Landlord to Tenant	$2,097.00

Order

Esteem Property Management Limited and Laina Goodmanson must pay [The tenant/s] $2,097.00 immediately, calculated as shown in table below:

Reasons

Only the tenant attended the video conference hearing. The landlord did not attend. Calls to the landlord went unanswered.
I am satisfied that the residential premises at 348 Ettrick Street, Georgetown, Invercargill has been operated as a boarding house; the residential premises contain 7 boarding rooms along with facilities for communal use by the tenants of the boarding house. The residential premises have been occupied, or intended by the landlord to be occupied, by at least 6 tenants at any one time.
The tenant rented room 3 at the boarding house for more than 28 days from 15 May 2024 to 26 June 2024 under which tenancy the tenant was granted exclusive rights to occupy particular sleeping quarters in the boarding house, ie., room 3, and has the right to the shared use of the facilities of the boarding house. The tenant paid rent of $180.00 per week.
At the start of the tenancy, [The tenant/s] paid a bond of $720.00 to Laina Goodmanson. The landlord on the written tenancy agreement is also listed as Esteem Property Management Limited.
The tenant seeks the return of her bond at the end of the tenancy and exemplary damages for the failure by the landlord to lodge 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 (‘RTA’).
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.
After the end of the tenancy on 26 June 2024, the landlord refused to return the bond. I find they have committed an unlawful act in breach of section 19(2) RTA.
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.
No reason has been provided as to why the bond had not been lodged at all. The landlord also failed to return the bond to the tenant altogether. Efforts to track down the landlord failed.
I find that exemplary damages on the high end of the scale is appropriate.
At the end of the tenancy, the landlord refused to return the bond. The tenant was left at the mercy of the landlord. It was primarily for this reason that bonds must be lodged at the Bond Centre; it is in order to prevent abuse of tenants' money by irresponsible landlords.
Neither the landlord nor its agent appeared at the hearing. The landlord appears to be a property management company. The failure to lodge the bond borderlines on contumelious default in relation to obligations which must be adhered to by landlords pursuant to the Residential Tenancies Act 1986.
Considering those factors and the public interest and the tenant’s interest, I award exemplary damages of $1,350.00 against the landlord.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and also suppress the tenant’s name.

Tenancy Tribunal case 4964473 — Exemplary damages at Room 3, 348 Ettrick Street, Georgetown, Invercargill 9812

At a glance

Tenancy Tribunal case 4964473 — Exemplary damages at Room 3, 348 Ettrick Street, Georgetown, Invercargill 9812

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