What was Tenancy Tribunal case 5007248 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5007248?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5007248?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5007248?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10924742-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5007248 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5007248?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5007248?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5007248?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10924742-Tribunal_Order_Redacted.pdf.

9 Gill Drive, Kawakawa, Kawakawa 0210 Tenancy Tribunal Case 5007248 — Exemplary damages

Tenantcheck Insights

Order

The application is dismissed.

Reasons

Both parties attended the hearing via teleconference on 4 th October 2024.
[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 landlord accepted that the bond had not been lodged with the Bond Centre. The landlord discovered at the end of the tenancy that the bond had not been lodged. The parties had filled in the bond lodgement form together at the beginning of the tenancy, but it was not sent due to an administrative error.
The landlord has committed an unlawful act by failing to lodge the bond to the Bond Centre.
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 have searched the previous orders made by the Tenancy Tribunal. Although the landlord had been to the Tenancy Tribunal numerous times in the past, there was no record of having appeared for their failure to lodge the bond.
I accept that the landlord had intended to lodge it with the Bond Centre but was missed due to an administrative error. I find that there is no public interest in awarding any exemplary damages against the landlord.
However, the landlord should treat this as a warning and ensure that no such error occurs again in the future.
The application is dismissed.

Tenancy Tribunal case 5007248 — Exemplary damages at 9 Gill Drive, Kawakawa, Kawakawa 0210

At a glance

Tenancy Tribunal case 5007248 — Exemplary damages at 9 Gill Drive, Kawakawa, Kawakawa 0210

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions