What was Tenancy Tribunal case 5059908 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 5059908?

Filing Fee: $200.00 awarded to tenant

What type of tenancy dispute was case 5059908?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5059908?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11288371-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5059908 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 5059908?

Filing Fee: $200.00 awarded to tenant

What type of tenancy dispute was case 5059908?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5059908?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11288371-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 2, 104 Mandeville Street, Riccarton, Tenancy Tribunal Case 5059908 — Exemplary damages

Claims and awards in Tenancy Tribunal application 5059908. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
16A of the Residential Tenancies Act 1986 and the filing fee		$200.00	16A of the Residential Tenancies Act 1986 and the 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.
Timothy Treleaven must pay [The tenant/s] $200.00 immediately, being compensation for his failure to comply with his responsibilities under section 16A of the Residential Tenancies Act 1986 ($200.00) and the filing fee ($27.00).
The application for a reduction of the term of the tenancy is withdrawn.

Reasons

Both parties attended the hearing which I conducted by phone. Two of the tenants represented the others.
The tenants applied for an order reducing the term of their fixed term tenancy and for compensation for the landlord’s failure to supply contact details of his New Zealand agent and a bank account number for rent, after his former property manager, a property management company, ended its management agreement with him. The landlord as the owner of the premises resides in Australia.
The parties attended mediation following which the landlord supplied the name and contact details for his new agent, and his bank account number. He confirmed the bank account number at the hearing today and said the tenants could pay the rent they have been holding into that account.
The tenants withdrew the application for a reduction of the term of the tenancy. The landlord said he was prepared to release them earlier if they wished. That is something they can negotiate if they want to.
The landlord said his previous agent (the property management company) wrongly, is his view, cancelled the management agreement. That lead to the situation where the tenants could no longer pay rent as the former agent told them it would not accept any further rent for the landlord.
Any dispute between the landlord and his former agent is not an issue the Tenancy Tribunal has jurisdiction to consider.
The landlord said he did not believe that the tenants had suffered any loss and therefore should not be entitled to compensation. He had not demanded rent from them, nor had he threatened to end the tenancy.
The landlord’s submission overlooks two things. First, section 16A of the Residential Tenancies Act 1986 (RTA) provides: 16A Landlord must have agent if out of New Zealand for longer than 21 consecutive days (1) A landlord who is out of New Zealand for longer than 21 consecutive days must ensure that the landlord has an agent in New Zealand. (2) A landlord who does not already have an agent and who knows that he or she will be out of New Zealand for longer than 21 consecutive days must appoint an agent before he or she departs from New Zealand. (3) A landlord who does not already have an agent and who has been out of New Zealand for longer than 21 consecutive days must promptly appoint an agent. (4) A landlord who appoints an agent under this section must, immediately after appointing the agent,— (a) notify the tenant of the agent’s name, contact address, and address for service; and (b) if a bond is held in respect of the tenancy, notify the chief executive in the approved form of those particulars. (4A) For the purposes of subsection (4)(a), the following must be notified with the agent’s contact address: (a) the agent’s contact mobile telephone number (if any): (b) the agent’s contact email address (if any). (5) An agent appointed under this section has, as against the tenant, all the rights and obligations of the landlord. (6) A landlord who fails to comply with this section— (a) commits an unlawful act; and (b) commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B.
Second, the landlord’s view that the tenants suffered no harm overlooks the fact that they were anxious to pay their rent but had been advised by the landlord’s former property manager not to pay any further rent to that company. They then tried to obtain details of the landlord’s new agent, without success.
Not knowing where and to whom to pay rent is worrying. If rent is in arrears by 21 days or more, a tenancy can be terminated. Although the landlord said he had made no demands, the tenants were nevertheless vulnerable.
The tenants did not apply for exemplary damages for the landlord’s failure to appoint and notify them of his new agent once his former property management company, his agent, cancelled the agreement it had with him. If they had, the Tribunal might have awarded some damages for what is an unlawful act.
The Tribunal will award a small amount of compensation to the tenants for the landlord’s failure to comply with his section 16A RTA responsibilities which caused them sufficient concern that they made this application.
I award the tenants compensation of $200.00 together with reimbursement of the filing fee. In total, the landlord must pay the tenants $227.00 which may be deducted from the accrued rent they can now pay to the landlord.
The tenants sought, and are entitled to, a name suppression order on the successful application – see section 95A RTA.

Claims and awards in Tenancy Tribunal application 5059908. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
16A of the Residential Tenancies Act 1986 and the filing fee		$200.00	16A of the Residential Tenancies Act 1986 and the 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.
Timothy Treleaven must pay [The tenant/s] $200.00 immediately, being compensation for his failure to comply with his responsibilities under section 16A of the Residential Tenancies Act 1986 ($200.00) and the filing fee ($27.00).
The application for a reduction of the term of the tenancy is withdrawn.

Reasons

Both parties attended the hearing which I conducted by phone. Two of the tenants represented the others.
The tenants applied for an order reducing the term of their fixed term tenancy and for compensation for the landlord’s failure to supply contact details of his New Zealand agent and a bank account number for rent, after his former property manager, a property management company, ended its management agreement with him. The landlord as the owner of the premises resides in Australia.
The parties attended mediation following which the landlord supplied the name and contact details for his new agent, and his bank account number. He confirmed the bank account number at the hearing today and said the tenants could pay the rent they have been holding into that account.
The tenants withdrew the application for a reduction of the term of the tenancy. The landlord said he was prepared to release them earlier if they wished. That is something they can negotiate if they want to.
The landlord said his previous agent (the property management company) wrongly, is his view, cancelled the management agreement. That lead to the situation where the tenants could no longer pay rent as the former agent told them it would not accept any further rent for the landlord.
Any dispute between the landlord and his former agent is not an issue the Tenancy Tribunal has jurisdiction to consider.
The landlord said he did not believe that the tenants had suffered any loss and therefore should not be entitled to compensation. He had not demanded rent from them, nor had he threatened to end the tenancy.
The landlord’s submission overlooks two things. First, section 16A of the Residential Tenancies Act 1986 (RTA) provides: 16A Landlord must have agent if out of New Zealand for longer than 21 consecutive days (1) A landlord who is out of New Zealand for longer than 21 consecutive days must ensure that the landlord has an agent in New Zealand. (2) A landlord who does not already have an agent and who knows that he or she will be out of New Zealand for longer than 21 consecutive days must appoint an agent before he or she departs from New Zealand. (3) A landlord who does not already have an agent and who has been out of New Zealand for longer than 21 consecutive days must promptly appoint an agent. (4) A landlord who appoints an agent under this section must, immediately after appointing the agent,— (a) notify the tenant of the agent’s name, contact address, and address for service; and (b) if a bond is held in respect of the tenancy, notify the chief executive in the approved form of those particulars. (4A) For the purposes of subsection (4)(a), the following must be notified with the agent’s contact address: (a) the agent’s contact mobile telephone number (if any): (b) the agent’s contact email address (if any). (5) An agent appointed under this section has, as against the tenant, all the rights and obligations of the landlord. (6) A landlord who fails to comply with this section— (a) commits an unlawful act; and (b) commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B.
Second, the landlord’s view that the tenants suffered no harm overlooks the fact that they were anxious to pay their rent but had been advised by the landlord’s former property manager not to pay any further rent to that company. They then tried to obtain details of the landlord’s new agent, without success.
Not knowing where and to whom to pay rent is worrying. If rent is in arrears by 21 days or more, a tenancy can be terminated. Although the landlord said he had made no demands, the tenants were nevertheless vulnerable.
The tenants did not apply for exemplary damages for the landlord’s failure to appoint and notify them of his new agent once his former property management company, his agent, cancelled the agreement it had with him. If they had, the Tribunal might have awarded some damages for what is an unlawful act.
The Tribunal will award a small amount of compensation to the tenants for the landlord’s failure to comply with his section 16A RTA responsibilities which caused them sufficient concern that they made this application.
I award the tenants compensation of $200.00 together with reimbursement of the filing fee. In total, the landlord must pay the tenants $227.00 which may be deducted from the accrued rent they can now pay to the landlord.
The tenants sought, and are entitled to, a name suppression order on the successful application – see section 95A RTA.

Tenancy Tribunal case 5059908 — Exemplary damages at Unit/Flat Flat 2, 104 Mandeville Street, Riccarton,

At a glance

Tenancy Tribunal case 5059908 — Exemplary damages at Unit/Flat Flat 2, 104 Mandeville Street, Riccarton,

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