What was Tenancy Tribunal case 5188437 about?

The tribunal order states: [The landlord/s] and [The landlord/s] must pay [The tenant/s]

How much money was awarded in case 5188437?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5188437?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5188437?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11882296-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5188437 about?

The tribunal order states: [The landlord/s] and [The landlord/s] must pay [The tenant/s]

How much money was awarded in case 5188437?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5188437?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5188437?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11882296-Tenancy_Tribunal_Order.pdf.

424C Kaikokopu Road, Brunswick, RD 1, Brunswick 4571 Tenancy Tribunal Case 5188437 — Exemplary damages

Tenantcheck Insights

Reasons

Both parties attended the video conference hearing.

The tenancy started on 6 August 2024 and ended on 5 March 2025.

At the end of the tenancy, the tenant has applied for refund of the bond and exemplary damages for the landlord’s failure to lodge the bond with the Bond Centre within the required time.

At the hearing, the parties confirmed that the bond had been refunded in full to the tenant already. Therefore, no order is made in relation to the refund of the bond.

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 (“RTA”).

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 RTA.

The landlord has committed an unlawful act by failing to lodge the bond within the required time.

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) RTA.

The landlord accepted not having lodged the bond with the Bond Centre within the required time. The landlord explained that the landlord was unaware of the legal requirement to lodge the bond with the Bond Centre. As this was a minor dwelling that had been converted from a garage, I accept that there may have been confusion as to whether or not this was a true tenancy that fell under the RTA.

The landlord had confirmed that the minor dwelling shares only the laundry with the main house. In those circumstances, this would fall under the jurisdiction of the RTA. The landlord is required to lodge the bond with the Bond Centre within the required time.

The landlord has confirmed that this mistake will never happen again now that they know. I give them the benefit of the doubt and treat this case as their first and final warning for not lodging the bond. I do not award any exemplary damages in this case.

Because the tenant has substantially succeeded with the claim in having the bond refunded, I order the landlord to reimburse the tenant’s filing fee.

Reasons

Both parties attended the video conference hearing.

The tenancy started on 6 August 2024 and ended on 5 March 2025.

At the end of the tenancy, the tenant has applied for refund of the bond and exemplary damages for the landlord’s failure to lodge the bond with the Bond Centre within the required time.

At the hearing, the parties confirmed that the bond had been refunded in full to the tenant already. Therefore, no order is made in relation to the refund of the bond.

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 (“RTA”).

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 RTA.

The landlord has committed an unlawful act by failing to lodge the bond within the required time.

Because the tenant has substantially succeeded with the claim in having the bond refunded, I order the landlord to reimburse the tenant’s filing fee.

Tenancy Tribunal case 5188437 — Exemplary damages at 424C Kaikokopu Road, Brunswick, RD 1, Brunswick 4571

At a glance

Claims & awards

Tenancy Tribunal case 5188437 — Exemplary damages at 424C Kaikokopu Road, Brunswick, RD 1, Brunswick 4571

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions