What was Tenancy Tribunal case 5034560 about?

The tribunal order states: The Bond Centre is to pay the bond of $800.00 to [The tenant/s]

How much money was awarded in case 5034560?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5034560?

The primary dispute was Exemplary damages. Related themes: Compensation.

Where can I read the official tribunal order for case 5034560?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11462693-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5034560 about?

The tribunal order states: The Bond Centre is to pay the bond of $800.00 to [The tenant/s]

How much money was awarded in case 5034560?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5034560?

The primary dispute was Exemplary damages. Related themes: Compensation.

Where can I read the official tribunal order for case 5034560?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11462693-Tenancy_Tribunal_Order.pdf.

Flat 9, 114 Maunu Road, Woodhill, Whangarei 0110 Tenancy Tribunal Case 5034560 — Exemplary damages

Reasons

Background

This application is closely related to application 5034573, which was brought by Julian Scott. Mr Lloyd is Mr Scott’s nephew. Mr Lloyd has disabilities and Mr Scott is his caregiver. Mr Scott and Mr Lloyd lived in neighbouring units 8 and 9 at 114 Maunu Road, from December 2016 until November 2024.

Mr Scott’s application sought compensation for the landlord’s failure to maintain the common area at the rear of the units, compensation for the landlord failing to prevent other tenants from obstructing his carport, exemplary damages for the landlord issuing false water rates invoices, exemplary damages for retaliatory notice, and refund of the bond.

This application, which is brought by Mr Scott on Mr Lloyd’s behalf, seeks exemplary damages for false water rates invoices and retaliatory notice, and refund of the bond. Exemplary damages

I address these claims in detail in my decision in respect of Mr Scott’s application 1 . The exact same considerations apply in respect of this application.

In summary: a. Mr Scott proved that the landlords issued false water rates invoices to himself and to Mr Lloyd. b. The Tribunal may only award exemplary damages where the Residential Tenancies Act 1986 (“RTA”) specifies that a breach of a particular section is an “unlawful act”. c. The landlords’ act of issuing false water rates is clearly unacceptable. The RTA states that a landlord commits an unlawful act if they fail to keep “proper business records” in respect of rent and bond. 2 However, there is no unlawful act in the RTA that applies to the landlord issuing false water rates invoices. d. Therefore, I am unable to make an award of exemplary damages in respect of this issue. e. Similarly, I am unable to make an award of exemplary damages for retaliatory notice. f. Mr Scott presented a strong argument that the termination notices issued to himself and Mr Lloyd in May 2023 were retaliatory. The notices stated that the reason for termination was that the landlord intended to carry out substantial repairs / redevelopment of the premises. I made an order setting the notices aside on the grounds that the information available at that time did not evidence a genuine intention on the part of the landlord to carry out substantial work. Mr Scott noted that from then until the end of his and Mr Lloyd’s tenancies, the landlord has taken no steps at all towards carrying out substantial work on units 8 or 9, or any of the other units. g. I am unable to make an award of exemplary damages for this because: i. At the relevant time, the law relating to exemplary damages for retaliatory notice stated that the Tribunal could only make an award of exemplary damages if the Tribunal also made an order setting aside the termination notice on the grounds that it was retaliatory. In this instance, I did not make an order setting aside the termination notice on the grounds that was retaliatory. 3 1 Scott v Say & Pheng [2025] NZTT 5034573 2 Section 30 RTA 3 Section 54 RTA, as at May 2023. The wording of this section changed on 30 January 2025. ii. The application seeking exemplary damages filed more than 12 months after the unlawful act was committed. 4 Bond

The tenancy has ended. The landlords have not made a claim seeking any amount owing at the end of the tenancy.

The tenant is entitled to receive the bond in full.

Order

The Bond Centre is to pay the bond of $800.00 to [The tenant/s] immediately.

Reasons

Background

This application is closely related to application 5034573, which was brought by Julian Scott. Mr Lloyd is Mr Scott’s nephew. Mr Lloyd has disabilities and Mr Scott is his caregiver. Mr Scott and Mr Lloyd lived in neighbouring units 8 and 9 at 114 Maunu Road, from December 2016 until November 2024.
Mr Scott’s application sought compensation for the landlord’s failure to maintain the common area at the rear of the units, compensation for the landlord failing to prevent other tenants from obstructing his carport, exemplary damages for the landlord issuing false water rates invoices, exemplary damages for retaliatory notice, and refund of the bond.
This application, which is brought by Mr Scott on Mr Lloyd’s behalf, seeks exemplary damages for false water rates invoices and retaliatory notice, and refund of the bond. Exemplary damages
I address these claims in detail in my decision in respect of Mr Scott’s application 1 . The exact same considerations apply in respect of this application.
In summary: a. Mr Scott proved that the landlords issued false water rates invoices to himself and to Mr Lloyd. b. The Tribunal may only award exemplary damages where the Residential Tenancies Act 1986 (“RTA”) specifies that a breach of a particular section is an “unlawful act”. c. The landlords’ act of issuing false water rates is clearly unacceptable. The RTA states that a landlord commits an unlawful act if they fail to keep “proper business records” in respect of rent and bond. 2 However, there is no unlawful act in the RTA that applies to the landlord issuing false water rates invoices. d. Therefore, I am unable to make an award of exemplary damages in respect of this issue. e. Similarly, I am unable to make an award of exemplary damages for retaliatory notice. f. Mr Scott presented a strong argument that the termination notices issued to himself and Mr Lloyd in May 2023 were retaliatory. The notices stated that the reason for termination was that the landlord intended to carry out substantial repairs / redevelopment of the premises. I made an order setting the notices aside on the grounds that the information available at that time did not evidence a genuine intention on the part of the landlord to carry out substantial work. Mr Scott noted that from then until the end of his and Mr Lloyd’s tenancies, the landlord has taken no steps at all towards carrying out substantial work on units 8 or 9, or any of the other units. g. I am unable to make an award of exemplary damages for this because: i. At the relevant time, the law relating to exemplary damages for retaliatory notice stated that the Tribunal could only make an award of exemplary damages if the Tribunal also made an order setting aside the termination notice on the grounds that it was retaliatory. In this instance, I did not make an order setting aside the termination notice on the grounds that was retaliatory. 3 1 Scott v Say & Pheng [2025] NZTT 5034573 2 Section 30 RTA 3 Section 54 RTA, as at May 2023. The wording of this section changed on 30 January 2025. ii. The application seeking exemplary damages filed more than 12 months after the unlawful act was committed. 4 Bond
The tenancy has ended. The landlords have not made a claim seeking any amount owing at the end of the tenancy.
The tenant is entitled to receive the bond in full.

Tenancy Tribunal case 5034560 — Exemplary damages at Flat 9, 114 Maunu Road, Woodhill, Whangarei 0110

At a glance

Tenancy Tribunal case 5034560 — Exemplary damages at Flat 9, 114 Maunu Road, Woodhill, Whangarei 0110

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions