What was Tenancy Tribunal case 4990168 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4990168?

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

What type of tenancy dispute was case 4990168?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4990168?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11818339-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4990168 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4990168?

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

What type of tenancy dispute was case 4990168?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4990168?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11818339-Tribunal_Order_Redacted.pdf.

Unit/Flat 1, 14 Pleasant Road, Glen Eden, Auckland 0602 Tenancy Tribunal Case 4990168 — Exemplary damages

Tenantcheck Insights

Unit/Flat 1, 14 Pleasant Road, Glen Eden, Auckland 0602 Tenancy Tribunal Case 4990168 — 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 4990168 — net $527.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages	$500.00	Exemplary damages
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$527.00
Total payable by Landlord to Tenant	$527.00

Claims and awards for application 4990168 — net $527.00 NZD. Verify on MoJ.

Exemplary damages

Amount: $500.00
Awarded to: Tenant
Reason: Exemplary damages

Filing fee reimbursement

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

Net award

Tenant $527.00

Total payable by Landlord to Tenant

Tenant $527.00

Claim types — money lines allowed on this order

Exemplary damages Filing Fee

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenants’ names and identifying details.
Metro Nz Property Management Limited must pay [The tenant/s] $527.00 immediately, calculated as shown in table below:

Reasons

The tenants attended the hearing. Mr Rangi, the property manager for Metro Nz Property Management Limited, was properly notified about the hearing and sent reminders. He did not answer the calls to his phone. The owners also attended the hearing.
The tenants claim the landlord did not lodge the bond with the Bond Centre and they have applied for exemplary damages. The owner’s confirmed the bond was not lodged by Metro Nz Property Management Limited, who were managing the tenancy at the time. The bond was refunded in full to the tenants two days after the tenancy ended.
Landlords must send any bond payment to the Bond Centre within 23 working days after the payment is received. Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500. See section 19(1), (2) and Schedule 1A Residential Tenancies Act 1986 (RTA).
I find Metro Nz Property Management Limited has 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) RTA.
I have no evidence about intention because the management company did not take part in the hearing. It seems most likely to me that a property management company should have systems in place to make sure bonds are lodged as required and checked. The effect for the tenants was two days of intense stress wondering if the bond had been protected and if it would be refunded. It is in tenants’ interests that bonds are lodged with an independent third party during the tenancy and there is public interest in a penalty if landlords ignore the RTA. I allow $500 in exemplary damages. This is at the lower end of the scale because I am not aware of any similar orders against the landlord.
I find I should make orders against Metro Nz Property Management Limited rather than against the owners because it was the management company’s job to lodge the bond. Other orders
Because the tenants have substantially succeeded with the claim I have reimbursed the filing fee.
The tenants’ application for suppression is allowed because they are the most successful party. There is public interest in the landlord’s name.

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 4990168 — net $527.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages	$500.00	Exemplary damages
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$527.00
Total payable by Landlord to Tenant	$527.00

Claims and awards for application 4990168 — net $527.00 NZD. Verify on MoJ.

Exemplary damages

Amount: $500.00
Awarded to: Tenant
Reason: Exemplary damages

Filing fee reimbursement

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

Net award

Tenant $527.00

Total payable by Landlord to Tenant

Tenant $527.00

Claim types — money lines allowed on this order

Exemplary damages Filing Fee

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenants’ names and identifying details.
Metro Nz Property Management Limited must pay [The tenant/s] $527.00 immediately, calculated as shown in table below:

Reasons

The tenants attended the hearing. Mr Rangi, the property manager for Metro Nz Property Management Limited, was properly notified about the hearing and sent reminders. He did not answer the calls to his phone. The owners also attended the hearing.
The tenants claim the landlord did not lodge the bond with the Bond Centre and they have applied for exemplary damages. The owner’s confirmed the bond was not lodged by Metro Nz Property Management Limited, who were managing the tenancy at the time. The bond was refunded in full to the tenants two days after the tenancy ended.
Landlords must send any bond payment to the Bond Centre within 23 working days after the payment is received. Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500. See section 19(1), (2) and Schedule 1A Residential Tenancies Act 1986 (RTA).
I find Metro Nz Property Management Limited has 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) RTA.
I have no evidence about intention because the management company did not take part in the hearing. It seems most likely to me that a property management company should have systems in place to make sure bonds are lodged as required and checked. The effect for the tenants was two days of intense stress wondering if the bond had been protected and if it would be refunded. It is in tenants’ interests that bonds are lodged with an independent third party during the tenancy and there is public interest in a penalty if landlords ignore the RTA. I allow $500 in exemplary damages. This is at the lower end of the scale because I am not aware of any similar orders against the landlord.
I find I should make orders against Metro Nz Property Management Limited rather than against the owners because it was the management company’s job to lodge the bond. Other orders
Because the tenants have substantially succeeded with the claim I have reimbursed the filing fee.
The tenants’ application for suppression is allowed because they are the most successful party. There is public interest in the landlord’s name.

Tenancy Tribunal case 4990168 — Exemplary damages at Unit/Flat 1, 14 Pleasant Road, Glen Eden, Auckland 0602

At a glance

Tenancy Tribunal case 4990168 — Exemplary damages at Unit/Flat 1, 14 Pleasant Road, Glen Eden, Auckland 0602

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