How much money was awarded in case 5236375?

Property Damage: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,210.00 awarded to landlord

What type of tenancy dispute was case 5236375?

The primary dispute was Rent arrears. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5236375?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11871449-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5236375?

Property Damage: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,210.00 awarded to landlord

What type of tenancy dispute was case 5236375?

The primary dispute was Rent arrears. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5236375?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11871449-Tribunal_Order_Redacted.pdf.

90C Ranolf Street, Victoria, Rotorua 3010 Tenancy Tribunal Case 5236375 — Rent arrears

Q: What was Tenancy Tribunal case 5236375 about?

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

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5236375 — net $3,977.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 May 2025	$6,210.00	Rent arrears to 23 May 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Exemplary damages	$500.00	Exemplary damages
Net award	$3,977.00
Total payable by Tenant to Landlord	$3,977.00

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

The tenancy of Jaylee Nadia Newell and Gemini Ray Oakley-Wharepapa at 90C Ranolf Street, Victoria, Rotorua 3010 is terminated, and possession is granted to [the landlords], at 3.30pm on Tuesday 20 May 2025.

The Bond Centre is to pay the bond of $2,760.00 (BN-00035291) to [the landlords] immediately.

Jaylee Nadia Newell and Gemini Ray Oakley-Wharepapa must pay [the landlords] $3,977.00 immediately, calculated as shown in the table below.

Reasons

The hearing was conducted by telephone. Only the landlords attended. Calls to the tenants’ mobile numbers at the time of the hearing went straight to voicemail. I am satisfied that the tenants have been served with the application and the Notice of Hearing and so I proceeded with the hearing.

The landlord has applied for termination of the tenancy, rent arrears, payment of the bond and exemplary damages.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is therefore terminated under s55(1)(a) of the Residential Tenancies Act 1986 (the Act).

The landlord provided rent records to prove the amount owing to the end of the current rent period. The arrears awarded does not allow for the tenants’ payment of $345 expected to be received today. If the landlords receive that payment, it will be treated as a payment towards the arrears as awarded.

I note that the tenants have asserted that the premises are defective in some respects and that the landlords have failed to comply with their maintenance obligations. Because the tenants have not made their own application, I could not have made any decision on the tenants’ claims even if they had attended the hearing. I note also that the landlords deny the tenants’ claims and they have provided some evidence to refute them.

The landlords claim that the number of people living at the premises exceeds the maximum number allowed in the tenancy agreement.

Where the tenancy agreement specifies the maximum number of persons that may ordinarily reside in the premises during the tenancy, the tenant must ensure that the number is not exceeded.

Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,000.00.

The tenancy agreement specifies that a maximum of 2 people may live in the premises during the tenancy.

The landlord gave evidence that one of the tenants confirmed to them that there was a third person living in the premises and that he was contributing $100 towards the rent. They also produced a copy of a letter addressed to the third person at the premises. The landlords pointed out that there has been no sign of any of that contribution being paid to them. They believe that one of the tenants has used the withheld rent and the third occupant’s contribution to the rent to enable him to buy a car.

I am satisfied that the tenants have committed an unlawful act by allowing a third person to live in the premises contrary to the tenancy agreement. I also accept that the third person has paid money to the tenants as a contribution to the rent but none of that money has been paid to the landlord to mitigate the arrears.

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.

I find that there has been an intentional breach of the Act by the tenants and that they have benefitted financially from it. In the circumstances a substantial award of exemplary damages is appropriate. I have therefore awarded $500.

The landlords have succeeded and so I have also awarded the filing fee.

For the same reason I have granted the landlords’ request for name suppression.

The bond will be paid to the landlords and the tenants must pay the remaining liability.

Order

Claims and awards in Tenancy Tribunal application 5236375 — net $3,977.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 May 2025	$6,210.00	Rent arrears to 23 May 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Exemplary damages	$500.00	Exemplary damages
Net award	$3,977.00
Total payable by Tenant to Landlord	$3,977.00