What was Tenancy Tribunal case 5039110 about?

The tribunal order states: Roan Gouws and Minandi von Ludwig must pay [The tenant/s] $527.00

How much money was awarded in case 5039110?

Compensation: Failure To Lodge Bond: $500.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5039110?

The dispute type was not classified.

Where can I read the official tribunal order for case 5039110?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11347158-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5039110 about?

The tribunal order states: Roan Gouws and Minandi von Ludwig must pay [The tenant/s] $527.00

How much money was awarded in case 5039110?

Compensation: Failure To Lodge Bond: $500.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5039110?

The dispute type was not classified.

Where can I read the official tribunal order for case 5039110?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11347158-Tribunal_Order_Redacted.pdf.

Unit/Flat Smallest Tinyhome(1 of 2), 65A Ormsby Road, Tenancy Tribunal Case 5039110 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 5039110 — net $527.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Failure to lodge bond	$500.00	Failure to lodge bond
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$527.00
Total payable by Landlord to Tenant	$527.00

Both parties attended the hearing.

The tenant confirmed that the bond had been refunded in full. Bond lodgement

[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 received payment from WINZ of the bond in full on 8 July 2024.The tenancy ended on 29 September 2024 and the landlords said that bond was never deposited with the bond centre.

The landlords have a property with two individual units on it that they rent out. They said up until this tenancy they did not know that the units came under the Residential Tenancies Act and that the bond had to be deposited with the bond centre. They kept the money in a separate account.

I do not find that ignorance of this legal requirement is an excuse. It has always been a legal requirement to lodge a tenant’s bond. I find they have 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) Residential Tenancies Act 1986

As discussed in the hearing being a landlord is a business and it is the responsibility of the landlord to know and comply with the laws that apply. The bond is not the landlord’s money, it is the tenants to be held as a surety for end of tenancy costs.

The landlord has assured the Tribunal that the bonds that they have now received are lodged with the bond centre. I find it just to award exemplary damages on the lower scale and award $500.00 for this breach. Termination

The tenant claims that the landlord has breached their obligations under section 60AA.

Under Section 60AA a landlord must not give a notice to terminate the tenancy or apply to the Tribunal for such an order, knowing they are not entitled to do so.

Breaching any of these obligations without a reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $6500.00. See section 60AA and Schedule 1A Residential Tenancies Act 1986, RTA.

The landlord terminated the tenancy because a family member required it to live in the unit while studying. In doing so they gave 4 weeks’ notice instead of 63 days.

The claim filed by the tenant was that they landlord was not entitled to terminate the tenancy. Section 51(1)(a) RTA gives the landlord a right to terminate the tenancy if, within 90 days after the termination date the premises are required as the principal place of residence for a member of the owner’s family for at least 90 days.

The tenant did not provide any evidence that the landlord had breached this section, and this claim is dismissed.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and award name suppression as requested. See section 95A RTA.

Claims and awards in Tenancy Tribunal application 5039110 — net $527.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Failure to lodge bond	$500.00	Failure to lodge bond
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$527.00
Total payable by Landlord to Tenant	$527.00

Order

Roan Gouws and Minandi von Ludwig must pay [The tenant/s] $527.00 immediately, calculated as shown in table below.
An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
All other claims are dismissed.

Reasons

Both parties attended the hearing.
The tenant confirmed that the bond had been refunded in full. Bond lodgement
[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 received payment from WINZ of the bond in full on 8 July 2024.The tenancy ended on 29 September 2024 and the landlords said that bond was never deposited with the bond centre.
The landlords have a property with two individual units on it that they rent out. They said up until this tenancy they did not know that the units came under the Residential Tenancies Act and that the bond had to be deposited with the bond centre. They kept the money in a separate account.
I do not find that ignorance of this legal requirement is an excuse. It has always been a legal requirement to lodge a tenant’s bond. I find they have 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) Residential Tenancies Act 1986
As discussed in the hearing being a landlord is a business and it is the responsibility of the landlord to know and comply with the laws that apply. The bond is not the landlord’s money, it is the tenants to be held as a surety for end of tenancy costs.
The landlord has assured the Tribunal that the bonds that they have now received are lodged with the bond centre. I find it just to award exemplary damages on the lower scale and award $500.00 for this breach. Termination
The tenant claims that the landlord has breached their obligations under section 60AA.
Under Section 60AA a landlord must not give a notice to terminate the tenancy or apply to the Tribunal for such an order, knowing they are not entitled to do so.
Breaching any of these obligations without a reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $6500.00. See section 60AA and Schedule 1A Residential Tenancies Act 1986, RTA.
The landlord terminated the tenancy because a family member required it to live in the unit while studying. In doing so they gave 4 weeks’ notice instead of 63 days.
The claim filed by the tenant was that they landlord was not entitled to terminate the tenancy. Section 51(1)(a) RTA gives the landlord a right to terminate the tenancy if, within 90 days after the termination date the premises are required as the principal place of residence for a member of the owner’s family for at least 90 days.
The tenant did not provide any evidence that the landlord had breached this section, and this claim is dismissed.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and award name suppression as requested. See section 95A RTA.

Tenancy Tribunal case 5039110 — Tenancy dispute at Unit/Flat Smallest Tinyhome(1 of 2), 65A Ormsby Road,

At a glance

Tenancy Tribunal case 5039110 — Tenancy dispute at Unit/Flat Smallest Tinyhome(1 of 2), 65A Ormsby Road,

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions