How much money was awarded in case 5092828?

Property Damage: $100.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5092828?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5092828?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11212765-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5092828?

Property Damage: $100.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5092828?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5092828?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11212765-Tribunal_Order_Redacted.pdf.

47 Garden Heights Avenue, Glenview, Hamilton 3206 Tenancy Tribunal Case 5092828 — Exemplary damages

Q: What was Tenancy Tribunal case 5092828 about?

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

Order

Claims and awards in Tenancy Tribunal application 5092828 — net $127.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Exemplary damages – failure to vacate premises	$100.00	Exemplary damages – failure to vacate premises
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$127.00
Total payable by Tenant to Landlord	$127.00

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

[The landlord/s] is granted possession of the premises at 47 Garden Heights Avenue, Glenview, Hamilton 3206 immediately.

Damon Mather and Danielle Verner must pay [The landlord/s] $127.00 immediately, as calculated below:

Reasons

Both parties attended the hearing which I conducted by phone.

The landlord has applied for possession of the premises following the termination of the tenancy by notice dated 2 September 2024.

The end date of the tenancy was 1 December 2024. The tenants did not vacate then; they said today that they finally left the premises on 11 December 2024.

The requirements of section 64(1) of the Residential Tenancies Act 1986 (RTA) are satisfied; the tenancy ended less than 90 days ago.

I have made a possession order with immediate effect.

[The landlord/s]

A tenant must vacate the premises on the termination of the tenancy. See section 40(1)(e)(i) of the RTA. Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 40(3A)(a) and Schedule 1A RTA

The tenants, by their own admission, failed to vacate the tenancy when required to. I find they have committed an unlawful act.

Should exemplary damages be awarded?

Exemplary damages are designed to punish and to deter. They are like a fine. They are awarded at the Tribunal’s discretion when one party has proved that the other party has committed a defined unlawful act. If that is proven, and before the Tribunal may award exemplary damages, it must take account of the factors set out in section 109 RTA.

In Birch v Otautahi Community Housing Trust [2020] NZDC 17667 the Court said this: In considering whether an order of exemplary damages should be made, the Tribunal must first look at the intention of the person against whom the order is sought. As the Tribunal in Chief Executive, ex parte Edmondson v Walls TT548/92 said: Before an award of exemplary damages can be made the threshold question for the Tribunal to answer is whether the unlawful act has been committed ‘intentionally’. In my view negligence does not equate to intention, and for the Tribunal to be satisfied that a party has ‘intentionally’ committed an unlawful act evidence must exist which would justify the Tribunal in coming to the conclusion that the party committing the unlawful act has in fact turned his or her mind to the act and deliberately set about to commit it. If the Tribunal considers that the person against whom the order is sought has committed the unlawful act intentionally, the Tribunal must then consider whether it would be just to require that person to pay exemplary damages, taking into account: •The intention of the person; •The effect of the unlawful act; •The interests of the party against whom the unlawful act was committed; and •The public interest.

I find that the tenants acted intentionally by not vacating the tenancy when they were required to. They ‘turned their minds to that act and deliberately set about to commit it’. Their action was against the landlord’s interests and had an effect on the landlord (the owner) who wants to put the premises on the market for sale, which was the reason for terminating the tenancy. It is against the public interest for tenants not to comply with their statutory responsibilities.

However, the period of delay was short and so the effects on the landlord were limited. I award the landlord exemplary damages of $100.00 in this case to reflect that.

The tenant must also pay the landlord’s Tribunal filing fee on the successful application. Name suppression

Both parties applied for name suppression. The landlord is entitled to a name suppression order as the application is successful. The tenants are not entitled to name suppression as their defence is unsuccessful – see section 95A RTA.

Claims and awards in Tenancy Tribunal application 5092828 — net $127.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Exemplary damages – failure to vacate premises	$100.00	Exemplary damages – failure to vacate premises
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$127.00
Total payable by Tenant to Landlord	$127.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
[The landlord/s] is granted possession of the premises at 47 Garden Heights Avenue, Glenview, Hamilton 3206 immediately.
Damon Mather and Danielle Verner must pay [The landlord/s] $127.00 immediately, as calculated below:

Reasons

Both parties attended the hearing which I conducted by phone.
The landlord has applied for possession of the premises following the termination of the tenancy by notice dated 2 September 2024.
The end date of the tenancy was 1 December 2024. The tenants did not vacate then; they said today that they finally left the premises on 11 December 2024.
The requirements of section 64(1) of the Residential Tenancies Act 1986 (RTA) are satisfied; the tenancy ended less than 90 days ago.
I have made a possession order with immediate effect.
[The landlord/s]
A tenant must vacate the premises on the termination of the tenancy. See section 40(1)(e)(i) of the RTA. Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 40(3A)(a) and Schedule 1A RTA
The tenants, by their own admission, failed to vacate the tenancy when required to. I find they have committed an unlawful act.

Should exemplary damages be awarded?

Exemplary damages are designed to punish and to deter. They are like a fine. They are awarded at the Tribunal’s discretion when one party has proved that the other party has committed a defined unlawful act. If that is proven, and before the Tribunal may award exemplary damages, it must take account of the factors set out in section 109 RTA.
In Birch v Otautahi Community Housing Trust [2020] NZDC 17667 the Court said this: In considering whether an order of exemplary damages should be made, the Tribunal must first look at the intention of the person against whom the order is sought. As the Tribunal in Chief Executive, ex parte Edmondson v Walls TT548/92 said: Before an award of exemplary damages can be made the threshold question for the Tribunal to answer is whether the unlawful act has been committed ‘intentionally’. In my view negligence does not equate to intention, and for the Tribunal to be satisfied that a party has ‘intentionally’ committed an unlawful act evidence must exist which would justify the Tribunal in coming to the conclusion that the party committing the unlawful act has in fact turned his or her mind to the act and deliberately set about to commit it. If the Tribunal considers that the person against whom the order is sought has committed the unlawful act intentionally, the Tribunal must then consider whether it would be just to require that person to pay exemplary damages, taking into account: •The intention of the person; •The effect of the unlawful act; •The interests of the party against whom the unlawful act was committed; and •The public interest.
I find that the tenants acted intentionally by not vacating the tenancy when they were required to. They ‘turned their minds to that act and deliberately set about to commit it’. Their action was against the landlord’s interests and had an effect on the landlord (the owner) who wants to put the premises on the market for sale, which was the reason for terminating the tenancy. It is against the public interest for tenants not to comply with their statutory responsibilities.
However, the period of delay was short and so the effects on the landlord were limited. I award the landlord exemplary damages of $100.00 in this case to reflect that.
The tenant must also pay the landlord’s Tribunal filing fee on the successful application. Name suppression
Both parties applied for name suppression. The landlord is entitled to a name suppression order as the application is successful. The tenants are not entitled to name suppression as their defence is unsuccessful – see section 95A RTA.

Tenancy Tribunal case 5092828 — Exemplary damages at 47 Garden Heights Avenue, Glenview, Hamilton 3206

At a glance

Tenancy Tribunal case 5092828 — Exemplary damages at 47 Garden Heights Avenue, Glenview, Hamilton 3206

At a glance

Award balance

Claims & awards

Order

Reasons

Should exemplary damages be awarded?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should exemplary damages be awarded?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions