Published tribunal order
Tenancy Tribunal case 5241120 — Rent arrears at 49 Keith Street, Whanganui, Whanganui 4500
Decided 22 Dec 2025 · Published 22 Dec 2025 · Application 5241120
- Rent arrears
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of Tenant A’s name and identifying details.
- [Tenant A] gave notice to withdraw from the tenancy due to family violence on 16 January 2025 and the last day of the tenancy for Tenant A was 18 January 2025.
- Tenant A, Reid Tucker (Tenant B) and Imogyn Dalgety (Tenant C) owe rent arrears of $196.43 to 18 January 2025 (the day of Tenant A’s withdrawal).
- Tenant B and C owe rent arrears of $2,765.94 (from 19 January 2025 to 10 August 2025).
- Reid Tucker and Imogyn Dalgety must pay Jason Horgan $1,390.23 immediately.
- Jason Horgan must pay Tenant A $750.00 immediately.
- The Bond Centre is to pay the bond of $687.86 ([Bond number suppressed]) to [Tenant A] immediately. The Bond Centre is to pay the bond of $1,572.14 ([Bond number suppressed]) to Jason Horgan immediately. Tenant A, B and C
Reasons
- The landlord and the tenant referred to in this order as Tenant A, attended the hearing.
- The hearing held on 14 August 2025 was adjourned to add Reid Tucker (Tenant B) and Imogyn Dalgety (Tenant C) as parties to the proceedings and to ensure that they had notice of the next hearing.
- Tenants B and C were emailed notice of the hearing on 25 August 2025. As they had notice of the hearing and did not attend or seek an adjournment, the hearing proceeded in their absence.
- The landlord has applied for rent arrears. Tenant A has applied for refund of the bond and exemplary damages.
- The earlier hearing was also adjourned to enable the landlord to file an adequate rent summary. Unfortunately, the handwritten rent summary produced for the hearing did not include any total of how much rent the tenants paid. During the hearing two opportunities were provided to the landlord to provide this amount and on the first occasion he made an error. On the second occasion the landlord advised that the tenants had paid a total of $36,480.00.
- Tenant A withdrew from this tenancy due to family violence 1 . The last day of Tenant A’s tenancy was 18 January 2025. According to the Residential Tenancies Act 1986 2 the tenant ceases to be responsible to the landlord for 1 Section 56B Residential Tenancies Act 1986 2 Section 56B(3)(a) Residential Tenancies Act 1986 obligations under the tenancy agreement and the Act except in respect of any liability for anything done or omitted to be done before the withdrawal.
- That means that Tenant A continues to be jointly liable for rent arrears up until 18 January 2025. I have calculated that the rent arrears owed to 18 January 2025 is $196.43 because up until that date the tenants had paid $23,130.00 during the period where $23,326.43 was due.
- This amount owed is deducted from the bond of $2,260.00 leaving a balance of $2,063.57.
- As Tenant A ceased to be responsible from 18 January 2025 Tenant A’s share of the balance of the bond ($687.86) is released to Tenant A. That leaves $1,375.71 as balance of the bond.
- The rent arrears after Tenant A withdrew took account of the reduction in rent as provided in the Act 3 . The rent arrears owed by Tenant B and C for that period is $2,765.94.
- Tenant B and C owe the landlord $1,390.23 which is the rent arrears after deducting the bond balance. Tenant A application
- Tenant A 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 failed to lodge the bond within 23 working days after payment. The bond was not lodged until 15 May 2025. 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.
- Tenant A discovered that the bond was not lodged in April 2025. The landlord would not provide Tenant A with a bond lodgement number. 3 Section 56B(5) Residential Tenancies Act 1986
- At the hearing the landlord said there was “no real reason” for not lodging the bond within the statutory timeframe. The landlord confirmed that he has had “countless” other tenancies and currently has two other tenancies. He said that the bonds have been lodged for those tenancies and that he has failed on one other occasion to lodge the bond.
- The landlord does not have an acceptable reason for not lodging the bond within 23 working days and given that he has had, and currently has, other tenancies he should know better. This is also not the first time he has failed to lodge the bond as required by the Act.
- While Tenant A applied for a bond refund in April 2025 it would only be released to Tenant A after the tenancy ended in August 2025. Even though Tenant A withdrew from the tenancy in January 2025 the bond is to remain with the premises until the end of the tenancy.
- Now that the tenancy has ended the bond can be released.
- After having regard to the intent of the landlord, the effect of the unlawful act, the interests of Tenant A and the public interest I determine that exemplary damages are appropriate and $750.00 is a reasonable amount.
- The application for exemplary damages was brought by Tenant A only. The other co-tenants did not take part in the proceedings. The Tribunal is satisfied that Tenant A has established the claim and awards damages in favour of Tenant A only.
- As both the landlord and Tenant A have both had some success with their applications I make no award for reimbursement of the filing fee.
- While no party sought suppression of their name, I make an order for suppression of Tenant A’s name as required 4 where the proceedings relate to withdrawal from a tenancy due to family violence.