How much money was awarded in case 5189914?

Property Damage: $500.00 awarded to tenant; Rent Arrears: $2,488.57 awarded to landlord

What type of tenancy dispute was case 5189914?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5189914?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11970553-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5189914?

Property Damage: $500.00 awarded to tenant; Rent Arrears: $2,488.57 awarded to landlord

What type of tenancy dispute was case 5189914?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5189914?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11970553-Tribunal_Order_Redacted.pdf.

Room 3, Unit/Flat 1303, 168 Hobson Street, Auckland Tenancy Tribunal Case 5189914 — Rent arrears

Q: What was Tenancy Tribunal case 5189914 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 5189914 — net $1,228.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 18 January 2025	$2,488.57		Rent arrears to 18 January 2025
Exemplary damages: Water disconnection		$500.00	Water disconnection
Total award	$2,488.57	$500.00
Net award	$1,228.57
Total payable by Tenant to Landlord	$1,228.57

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

[The tenant/s] must pay Hindan.K Limited $1,228.57 as set out in the table below.

The Bond Centre is to pay the bond of $760.00 ([Bond number suppressed]) to Hindan.K Limited immediately.

Reasons

Both parties attended the hearing by video. Landlord application

The landlord had applied for termination, rent arrears and release of the bond.

This was a fixed term tenancy commencing on 13 September 2024 and due to end on 13 March 2025.

The tenant left the premises on 7 December 2024. The landlord managed to find a new tenant and that tenancy commenced on 19 January 2025.

As this is a fixed term tenancy the tenant is responsible for rent to the end of the fixed term or to the date before a new tenancy commences. The tenant did not apply to reduce the fixed term tenancy.

The rent arrears owing to 18 January 2025 is $2,488.57 and that amount is awarded. Tenant application

[The tenant/s] claims the landlord has interfered with the services to the premises by failing to sign up for water supply to the premises.

A landlord must not interfere with the supply of water, gas, electricity, telephone of other service to the premises, except where the interference is necessary to avoid danger to any person or to enable maintenance or repairs to be carried out. See section 45(2) Residential Tenancies Act 1986.

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 45(2A) and Schedule 1A Residential Tenancies Act 1986.

The landlord failed to sign up for water supply for this tenancy. The water was disconnected for a 24-hour period. 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.

The tenant alerted the landlord to a notice that was affixed to the premises relating to the water supply and a proposed disconnection. The landlord contacted the supply company but not the tenant. The tenant was therefore not aware of what was happening. The landlord did not ensure that the supply would not be disrupted by following up with the supply company. This situation could have been avoided if the landlord had confirmed with the supply company that there would be no disconnection and kept the tenant informed.

The tenant left the premises due to this issue and other communication problems. While I accept that this is not an ideal situation, the tenant should have sought to end the tenancy early rather than just leave.

I accept that there has been an impact on the tenant. There is a public interest that basic services are not interrupted but the water was reconnected after a 24- hour period.

In the circumstances I consider that an award of $500.00 for exemplary damages is reasonable.

As both parties have had some success with their applications I make no award for reimbursement of the filing fee. For the same reason I suppress the tenant’s name as sought.

Claims and awards in Tenancy Tribunal application 5189914 — net $1,228.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 18 January 2025	$2,488.57		Rent arrears to 18 January 2025
Exemplary damages: Water disconnection		$500.00	Water disconnection
Total award	$2,488.57	$500.00
Net award	$1,228.57
Total payable by Tenant to Landlord	$1,228.57

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
[The tenant/s] must pay Hindan.K Limited $1,228.57 as set out in the table below.
The Bond Centre is to pay the bond of $760.00 ([Bond number suppressed]) to Hindan.K Limited immediately.

Reasons

Both parties attended the hearing by video. Landlord application
The landlord had applied for termination, rent arrears and release of the bond.
This was a fixed term tenancy commencing on 13 September 2024 and due to end on 13 March 2025.
The tenant left the premises on 7 December 2024. The landlord managed to find a new tenant and that tenancy commenced on 19 January 2025.
As this is a fixed term tenancy the tenant is responsible for rent to the end of the fixed term or to the date before a new tenancy commences. The tenant did not apply to reduce the fixed term tenancy.
The rent arrears owing to 18 January 2025 is $2,488.57 and that amount is awarded. Tenant application
[The tenant/s] claims the landlord has interfered with the services to the premises by failing to sign up for water supply to the premises.
A landlord must not interfere with the supply of water, gas, electricity, telephone of other service to the premises, except where the interference is necessary to avoid danger to any person or to enable maintenance or repairs to be carried out. See section 45(2) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 45(2A) and Schedule 1A Residential Tenancies Act 1986.
The landlord failed to sign up for water supply for this tenancy. The water was disconnected for a 24-hour period. 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.
The tenant alerted the landlord to a notice that was affixed to the premises relating to the water supply and a proposed disconnection. The landlord contacted the supply company but not the tenant. The tenant was therefore not aware of what was happening. The landlord did not ensure that the supply would not be disrupted by following up with the supply company. This situation could have been avoided if the landlord had confirmed with the supply company that there would be no disconnection and kept the tenant informed.
The tenant left the premises due to this issue and other communication problems. While I accept that this is not an ideal situation, the tenant should have sought to end the tenancy early rather than just leave.
I accept that there has been an impact on the tenant. There is a public interest that basic services are not interrupted but the water was reconnected after a 24- hour period.
In the circumstances I consider that an award of $500.00 for exemplary damages is reasonable.
As both parties have had some success with their applications I make no award for reimbursement of the filing fee. For the same reason I suppress the tenant’s name as sought.

Tenancy Tribunal case 5189914 — Rent arrears at Room 3, Unit/Flat 1303, 168 Hobson Street, Auckland

At a glance

Tenancy Tribunal case 5189914 — Rent arrears at Room 3, Unit/Flat 1303, 168 Hobson Street, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions