What was Tenancy Tribunal case 5118928 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 5118928?

Ders Suppression Of The Landlord’S N…: $1,800.00 awarded to landlord

What type of tenancy dispute was case 5118928?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5118928?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11334924-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5118928 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 5118928?

Ders Suppression Of The Landlord’S N…: $1,800.00 awarded to landlord

What type of tenancy dispute was case 5118928?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5118928?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11334924-Tribunal_Order_Redacted.pdf.

26 Taward Street, Oamaru North, Oamaru 9400 Tenancy Tribunal Case 5118928 — Exemplary damages

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26 Taward Street, Oamaru North, Oamaru 9400 Tenancy Tribunal Case 5118928 — Exemplary damages | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5118928. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ders suppression of the landlord’s name and identifying details. 2. [The landlord/s] is to pay Cathy Dale Bauer, Michael	$1,800.00		ders suppression of the landlord’s name and identifying details. 2. [The landlord/s] is to pay Cathy Dale Bauer, Michael

Claims and awards for application 5118928. Verify on MoJ.

ders suppression of the landlord’s name and identifying details. 2. [The landlord/s] is to pay Cathy Dale Bauer, Michael

Amount: $1,800.00
Awarded to: Landlord
Reason: ders suppression of the landlord’s name and identifying details. 2. [The landlord/s] is to pay Cathy Dale Bauer, Michael

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 to pay Cathy Dale Bauer, Michael Bauer, $1,800.00, immediately, as refund of the bond.

Reasons

Ms Bauer, Mr Bauer, the tenants, and [The landlord’s representative], representing the landlord, all attended the teleconference hearing.
The tenant has applied for refund of the bond and bond not lodged.
The tenant said they paid a bond of $1,800.00 to the landlord on 9 August 2023 but that this was not lodged with the Bond Centre. The tenant confirmed they did not seek exemplary damages for this. The landlord acknowledged they had not lodged the bond, due to administrative oversight in their office.
The landlord said they have a claim against the bond, for garden work in the amount of $240.00, but they have not filed a counterclaim with Tenancy Services.
Section 22B(2) Residential Tenancies Act 1986 (“RTA”) provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim. Because the landlord has not filed a counterclaim the bond is refunded in full to the tenant. As the landlord did not lodge the bond, the landlord must refund the whole of the bond of $1,800.00 directly to the tenants. Filing fee
The tenant said they do not wish to be reimbursed for their filing fee, so I do not award this to the tenant. Suppression
The tenant did not request name suppression. The landlord requested name suppression.
Section 95A(4) RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
The property manager said the landlord was only served with the application documents a day before the hearing but agreed they had been aware of the tenant seeking the bond refund well before that. The landlord remained willing to release most of the bond paid soon after the tenancy ended but the parties disputed the gardening work cost. The landlord explained the administrative oversight reasons, which involved illness, for not lodging the bond and apologised for this. The landlord was very concerned about what had occurred with the bond lodgement issue and said they were investigating it still. The tenant accepted their acknowledgement and apology for not lodging the bond. In the circumstances, I find the landlord’s interests outweigh the public interest in publishing their name. Therefore, I order that the landlord’s name and identifying details are not to be published.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5118928. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ders suppression of the landlord’s name and identifying details. 2. [The landlord/s] is to pay Cathy Dale Bauer, Michael	$1,800.00		ders suppression of the landlord’s name and identifying details. 2. [The landlord/s] is to pay Cathy Dale Bauer, Michael

Claims and awards for application 5118928. Verify on MoJ.

ders suppression of the landlord’s name and identifying details. 2. [The landlord/s] is to pay Cathy Dale Bauer, Michael

Amount: $1,800.00
Awarded to: Landlord
Reason: ders suppression of the landlord’s name and identifying details. 2. [The landlord/s] is to pay Cathy Dale Bauer, Michael

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 to pay Cathy Dale Bauer, Michael Bauer, $1,800.00, immediately, as refund of the bond.

Reasons

Ms Bauer, Mr Bauer, the tenants, and [The landlord’s representative], representing the landlord, all attended the teleconference hearing.
The tenant has applied for refund of the bond and bond not lodged.
The tenant said they paid a bond of $1,800.00 to the landlord on 9 August 2023 but that this was not lodged with the Bond Centre. The tenant confirmed they did not seek exemplary damages for this. The landlord acknowledged they had not lodged the bond, due to administrative oversight in their office.
The landlord said they have a claim against the bond, for garden work in the amount of $240.00, but they have not filed a counterclaim with Tenancy Services.
Section 22B(2) Residential Tenancies Act 1986 (“RTA”) provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim. Because the landlord has not filed a counterclaim the bond is refunded in full to the tenant. As the landlord did not lodge the bond, the landlord must refund the whole of the bond of $1,800.00 directly to the tenants. Filing fee
The tenant said they do not wish to be reimbursed for their filing fee, so I do not award this to the tenant. Suppression
The tenant did not request name suppression. The landlord requested name suppression.
Section 95A(4) RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
The property manager said the landlord was only served with the application documents a day before the hearing but agreed they had been aware of the tenant seeking the bond refund well before that. The landlord remained willing to release most of the bond paid soon after the tenancy ended but the parties disputed the gardening work cost. The landlord explained the administrative oversight reasons, which involved illness, for not lodging the bond and apologised for this. The landlord was very concerned about what had occurred with the bond lodgement issue and said they were investigating it still. The tenant accepted their acknowledgement and apology for not lodging the bond. In the circumstances, I find the landlord’s interests outweigh the public interest in publishing their name. Therefore, I order that the landlord’s name and identifying details are not to be published.

Tenancy Tribunal case 5118928 — Exemplary damages at 26 Taward Street, Oamaru North, Oamaru 9400

At a glance

Tenancy Tribunal case 5118928 — Exemplary damages at 26 Taward Street, Oamaru North, Oamaru 9400

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