What was Tenancy Tribunal case 5206559 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 5206559?

Nal Orders Suppression Of The Partie…: $1,800.00 awarded to landlord

What type of tenancy dispute was case 5206559?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5206559?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12022677-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5206559 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 5206559?

Nal Orders Suppression Of The Partie…: $1,800.00 awarded to landlord

What type of tenancy dispute was case 5206559?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5206559?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12022677-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5206559 — Exemplary damages

Reasons

Claims and awards in Tenancy Tribunal application 5206559. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
nal orders suppression of the parties’ names and identifying details and the tenancy address. 2. [The landlord/s] is to	$1,800.00		nal orders suppression of the parties’ names and identifying details and the tenancy address. 2. [The landlord/s] is to

Both parties attended the teleconference hearing.

The tenant has applied for refund of the bond, bond not lodged and compensation. During the hearing, the tenant withdrew the compensation claim.

It is the responsibility of each party to obtain any advice in relation to claims made in an application, to provide any evidence in support or defence to the application, to prepare for the hearing or file any counterclaim, if required, before the hearing. Refund of the bond

The tenant has applied for refund of the bond. The landlord has a claim against the bond but confirmed at the hearing that he has 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.

Therefore, [The landlord/s] is to pay the bond of $1,800.00 to [The tenant/s] immediately. Bond not lodged

[The tenant/s] claims the landlord has not lodged the bond with the Bond Centre within the required time.

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.

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 Residential Tenancies Act 1986.

The landlord admitted he had not lodged the bond of $1,800.00 with the Tenancy Services Bond Centre, and said he was not aware of his obligation to do so.

Whilst the landlord admitted he did not lodge the bond with the Tenancy Services Bond Centre, the tenant confirmed during the hearing, a couple of times when asked, that he was not applying for exemplary damages in relation to the claim for bond not lodged. Therefore, I find the landlord has committed an unlawful act in not lodging the bond but, as the tenant did not wish to claim exemplary damages, I do not consider the issue of exemplary damages in relation to this claim. Filing fee

The tenant did not claim refund of the filing fee. Suppression

Both parties requested name suppression.

As the tenant has been successful with the claim, he is entitled to name suppression. Therefore, I order that the tenant’s name and identifying details are not to be published. See section 95A(1) RTA.

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 parties do not have a good relationship with each other. From the evidence provided, the tenant left the tenancy without notice, leaving some paintwork damage, which was acknowledged by both parties. Both parties alleged the other behaved inappropriately. The tenancy has ended and neither party wishes to have contact with the other. Given the evidence and in the circumstances, I am persuaded that the landlord’s interests outweigh the public interest in publishing his name. Therefore, I order that the landlord’s name and identifying details and the tenancy address are not to be published.

Claims and awards in Tenancy Tribunal application 5206559. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
nal orders suppression of the parties’ names and identifying details and the tenancy address. 2. [The landlord/s] is to	$1,800.00		nal orders suppression of the parties’ names and identifying details and the tenancy address. 2. [The landlord/s] is to

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details and the tenancy address.
[The landlord/s] is to pay the bond of $1,800.00 to [The tenant/s] immediately.

Reasons

Both parties attended the teleconference hearing.
The tenant has applied for refund of the bond, bond not lodged and compensation. During the hearing, the tenant withdrew the compensation claim.
It is the responsibility of each party to obtain any advice in relation to claims made in an application, to provide any evidence in support or defence to the application, to prepare for the hearing or file any counterclaim, if required, before the hearing. Refund of the bond
The tenant has applied for refund of the bond. The landlord has a claim against the bond but confirmed at the hearing that he has 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.
Therefore, [The landlord/s] is to pay the bond of $1,800.00 to [The tenant/s] immediately. Bond not lodged
[The tenant/s] claims the landlord has not lodged the bond with the Bond Centre within the required time.
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.
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 Residential Tenancies Act 1986.
The landlord admitted he had not lodged the bond of $1,800.00 with the Tenancy Services Bond Centre, and said he was not aware of his obligation to do so.
Whilst the landlord admitted he did not lodge the bond with the Tenancy Services Bond Centre, the tenant confirmed during the hearing, a couple of times when asked, that he was not applying for exemplary damages in relation to the claim for bond not lodged. Therefore, I find the landlord has committed an unlawful act in not lodging the bond but, as the tenant did not wish to claim exemplary damages, I do not consider the issue of exemplary damages in relation to this claim. Filing fee
The tenant did not claim refund of the filing fee. Suppression
Both parties requested name suppression.
As the tenant has been successful with the claim, he is entitled to name suppression. Therefore, I order that the tenant’s name and identifying details are not to be published. See section 95A(1) RTA.
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 parties do not have a good relationship with each other. From the evidence provided, the tenant left the tenancy without notice, leaving some paintwork damage, which was acknowledged by both parties. Both parties alleged the other behaved inappropriately. The tenancy has ended and neither party wishes to have contact with the other. Given the evidence and in the circumstances, I am persuaded that the landlord’s interests outweigh the public interest in publishing his name. Therefore, I order that the landlord’s name and identifying details and the tenancy address are not to be published.

Tenancy Tribunal case 5206559 — Exemplary damages

At a glance

Tenancy Tribunal case 5206559 — Exemplary damages

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