What was Tenancy Tribunal case 5266601 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 5266601?

Compensation: Failure To Lodge Bond: $500.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant; Rent Owing: $36.42 awarded to landlord

What type of tenancy dispute was case 5266601?

The dispute type was not classified.

Where can I read the official tribunal order for case 5266601?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12222285-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5266601 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 5266601?

Compensation: Failure To Lodge Bond: $500.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant; Rent Owing: $36.42 awarded to landlord

What type of tenancy dispute was case 5266601?

The dispute type was not classified.

Where can I read the official tribunal order for case 5266601?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12222285-Tribunal_Order_Redacted.pdf.

54 Newcastle Road, Dinsdale, Hamilton 3204 Tenancy Tribunal Case 5266601 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 5266601 — net $1,255.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent owing	$36.42		Rent owing
Bond paid		$765.00	Bond paid
Compensation: Failure to lodge bond		$500.00	Failure to lodge bond
Filing fee reimbursement		$27.00	Filing fee reimbursement
Total award	$36.42	$1,292.00
Net award		$1,255.58
Total payable by Landlord to Tenant		$1,255.58

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
Jennifer Rolfe and Hamish Drummond must pay [The tenant/s] $1,255.58 immediately, calculated as shown in the table below:

Reasons

All parties attended the hearing.
The parties signed a tenancy agreement for a tenancy starting from 15 February 2025.
The tenant gave written notice to the landlords on 22 April 2025 that he wished to terminate the tenancy and saying his calculation was that the end date would be 12 May 2025. He moved out on that date.
A disagreement arose about the notice period and correct calculation of rent owing.
The landlords have not refunded the tenant’s bond of $765.00.
[The tenant/s] has applied to the Tribunal for the refund of his bond and for compensation. He says the landlords did not lodge the bond with the Bond Centre and did not provide Healthy Homes Standards compliance information in the tenancy agreement, as they are required to do.

What type of tenancy is this?

The tenancy agreement form used and signed was for a boarding house tenancy.
One part of the standard form agreement had been amended to say the tenant may terminate the tenancy by giving the landlord “3 weeks” oral or written notice.
After the dispute arose, both parties sought advice from Tenancy Services and have realised that the premises are not a boarding house.
The house has four bedrooms and there were four tenants while [The applicant/s] lived there.
A boarding house means residential premises occupied, or intended to be occupied, by at least 6 tenants at any one time; section 66B Residential Tenancies Act 1986 (RTA).
I agree this is not a boarding house tenancy.

What is the correct notice period?

My decision is that the correct notice period is 21 days, or three weeks.
This is because:- a. This is what is required in the law for a tenant (not a boarding house tenant) to terminate a periodic 1 tenancy; section 51(2A) RTA, and b. This is what the tenancy agreement said and both parties agreed to it.
The tenant sent his notice email on 22 April 2025.
The notice period starts the next day.
The end of the notice period is 13 May 2025.
The parties agree there is $36.42 of rent to pay (one day). I make this order. 1 That is, NOT a fixed term tenancy. A fixed term tenancy cannot generally be ended by notice unless both parties agree (or the Tribunal makes an order).
The landlords must immediately pay the tenant the amount of his bond less the rent owing which is $728.58.

Did the landlords fail to lodge the bond?

The landlords acknowledge that they have not lodged the bond of $765.00 paid to them by the tenant on 30 January 2025. They still have his money.
A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. Section 19(1) 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 Residential Tenancies Act 1986.
The tenant did not apply for exemplary damages but did apply for compensation.
Exemplary damages are like a fine, or penalty. They can be awarded where a breach is intentional.
Compensation recognises loss or detriment.
The tenant said he felt the landlords had power over him because they still had his bond. When they disagreed with him about the notice period and the way rent was calculated, he had no options.
The landlords say they are first time landlords and did not know they had to lodge the bond.
That is no excuse. They are charging rent and making money from the premises. They have an obligation to know the law. I also note that the boarding house tenancy agreement template states that bonds must be lodged.
It turns out the landlords are wrong about the type of tenancy, the notice period, and the calculation of rent. The tenant has had to wait nearly three months to have his bond returned.
I award $500.00 in compensation to recognise that detriment and stress.

Did the landlords breach other obligations?

The tenant also says the landlords did not provide Healthy Homes Standards (HHS) compliance information in the tenancy agreement.
The landlords accept that this is the case.
I notice that they did not complete the legally required insurance information either.
Landlords must provide the required Healthy Homes Standards information and insurance information in all tenancy agreements. Sections 13A(1A)-(2) RTA.
Breaching these obligations is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $750.00. Section 13(1F)(a) and Schedule 1A Residential Tenancies Act 1986.
The tenant did not apply for exemplary damages. I asked him if he had any concerns about the house and he said, not really (apart from minor mould).
I asked the landlords if the house does comply with the insulation, ventilation, drainage, draught-proofing and heating Healthy Homes Standards. 2
They assured me it does but had not brought information to show this.
They say they obtained a pre-purchase builders report and that this checked the HHS. I recommend they make sure that it did and that it is up to date.
There is extensive information available on the Tenancy Services website and free advice can be sought from the 0800 number (0800 836 262).
I do not award compensation for this breach as there is no proven detriment or loss.
The landlords could choose to see this as a chance to inform themselves on their responsibilities and urgently take steps to make sure they comply. Filing fee and suppression
The tenant has wholly succeeded with the claim so I must award the filing fee.
I also suppress the tenant’s name from the published order as he has proved the claims and is not at fault in any way.
I do not suppress the landlords’ names.
The landlords must pay a total of $1,255.58 to the tenant.

Claims and awards in Tenancy Tribunal application 5266601 — net $1,255.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent owing	$36.42		Rent owing
Bond paid		$765.00	Bond paid
Compensation: Failure to lodge bond		$500.00	Failure to lodge bond
Filing fee reimbursement		$27.00	Filing fee reimbursement
Total award	$36.42	$1,292.00
Net award		$1,255.58
Total payable by Landlord to Tenant		$1,255.58

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
Jennifer Rolfe and Hamish Drummond must pay [The tenant/s] $1,255.58 immediately, calculated as shown in the table below:

Reasons

All parties attended the hearing.
The parties signed a tenancy agreement for a tenancy starting from 15 February 2025.
The tenant gave written notice to the landlords on 22 April 2025 that he wished to terminate the tenancy and saying his calculation was that the end date would be 12 May 2025. He moved out on that date.
A disagreement arose about the notice period and correct calculation of rent owing.
The landlords have not refunded the tenant’s bond of $765.00.
[The tenant/s] has applied to the Tribunal for the refund of his bond and for compensation. He says the landlords did not lodge the bond with the Bond Centre and did not provide Healthy Homes Standards compliance information in the tenancy agreement, as they are required to do.

What type of tenancy is this?

The tenancy agreement form used and signed was for a boarding house tenancy.
One part of the standard form agreement had been amended to say the tenant may terminate the tenancy by giving the landlord “3 weeks” oral or written notice.
After the dispute arose, both parties sought advice from Tenancy Services and have realised that the premises are not a boarding house.
The house has four bedrooms and there were four tenants while [The applicant/s] lived there.
A boarding house means residential premises occupied, or intended to be occupied, by at least 6 tenants at any one time; section 66B Residential Tenancies Act 1986 (RTA).
I agree this is not a boarding house tenancy.

What is the correct notice period?

My decision is that the correct notice period is 21 days, or three weeks.
This is because:- a. This is what is required in the law for a tenant (not a boarding house tenant) to terminate a periodic 1 tenancy; section 51(2A) RTA, and b. This is what the tenancy agreement said and both parties agreed to it.
The tenant sent his notice email on 22 April 2025.
The notice period starts the next day.
The end of the notice period is 13 May 2025.
The parties agree there is $36.42 of rent to pay (one day). I make this order. 1 That is, NOT a fixed term tenancy. A fixed term tenancy cannot generally be ended by notice unless both parties agree (or the Tribunal makes an order).
The landlords must immediately pay the tenant the amount of his bond less the rent owing which is $728.58.

Did the landlords fail to lodge the bond?

The landlords acknowledge that they have not lodged the bond of $765.00 paid to them by the tenant on 30 January 2025. They still have his money.
A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. Section 19(1) 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 Residential Tenancies Act 1986.
The tenant did not apply for exemplary damages but did apply for compensation.
Exemplary damages are like a fine, or penalty. They can be awarded where a breach is intentional.
Compensation recognises loss or detriment.
The tenant said he felt the landlords had power over him because they still had his bond. When they disagreed with him about the notice period and the way rent was calculated, he had no options.
The landlords say they are first time landlords and did not know they had to lodge the bond.
That is no excuse. They are charging rent and making money from the premises. They have an obligation to know the law. I also note that the boarding house tenancy agreement template states that bonds must be lodged.
It turns out the landlords are wrong about the type of tenancy, the notice period, and the calculation of rent. The tenant has had to wait nearly three months to have his bond returned.
I award $500.00 in compensation to recognise that detriment and stress.

Did the landlords breach other obligations?

The tenant also says the landlords did not provide Healthy Homes Standards (HHS) compliance information in the tenancy agreement.
The landlords accept that this is the case.
I notice that they did not complete the legally required insurance information either.
Landlords must provide the required Healthy Homes Standards information and insurance information in all tenancy agreements. Sections 13A(1A)-(2) RTA.
Breaching these obligations is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $750.00. Section 13(1F)(a) and Schedule 1A Residential Tenancies Act 1986.
The tenant did not apply for exemplary damages. I asked him if he had any concerns about the house and he said, not really (apart from minor mould).
I asked the landlords if the house does comply with the insulation, ventilation, drainage, draught-proofing and heating Healthy Homes Standards. 2
They assured me it does but had not brought information to show this.
They say they obtained a pre-purchase builders report and that this checked the HHS. I recommend they make sure that it did and that it is up to date.
There is extensive information available on the Tenancy Services website and free advice can be sought from the 0800 number (0800 836 262).
I do not award compensation for this breach as there is no proven detriment or loss.
The landlords could choose to see this as a chance to inform themselves on their responsibilities and urgently take steps to make sure they comply. Filing fee and suppression
The tenant has wholly succeeded with the claim so I must award the filing fee.
I also suppress the tenant’s name from the published order as he has proved the claims and is not at fault in any way.
I do not suppress the landlords’ names.
The landlords must pay a total of $1,255.58 to the tenant.

Tenancy Tribunal case 5266601 — Tenancy dispute at 54 Newcastle Road, Dinsdale, Hamilton 3204

At a glance

Tenancy Tribunal case 5266601 — Tenancy dispute at 54 Newcastle Road, Dinsdale, Hamilton 3204

At a glance

Award balance

Claims & awards

Order

Reasons

What type of tenancy is this?

What is the correct notice period?

Did the landlords fail to lodge the bond?

Did the landlords breach other obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

What type of tenancy is this?

What is the correct notice period?

Did the landlords fail to lodge the bond?

Did the landlords breach other obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions