Published tribunal order
Tenancy Tribunal case 5317239 — Tenancy dispute at 60B Atkinson Street, Mangapapa, Gisborne 4010
Decided 17 Oct 2025 · Published 17 Oct 2025 · Application 5317239
- Exemplary damages
- Filing Fee
Order
- [The tenant/s] landlord/s] is to pay the bond of $2,320.00 () to [The tenant/s] tenant/s] immediately.
Reasons
- The Tribunal must consider an application filed by the tenant at the end of the tenancy, seeking recovery of their bond. The tenant claims the landlord has not lodged the bond with the Bond Centre.
- The hearing proceeded by way of telephone conference. The tenant appeared. Unsuccessful attempts were made to join the tenant’s former landlord, [The tenant/s] landlord/s] and the tenant’s most recent landlord, Frazer Hopkins to the hearing by telephone.
- The Tribunal was satisfied that the landlords were properly served with the notice of hearing and the case proceeded in their absence.
- The onus of proving these claims rests with the tenant. The standard required is on the balance of probabilities. The tenant must establish more likely than not that the landlord has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (the “Act”). Parties to the application
- The tenant’s application named [The tenant/s] landlord/s] and Fraser Hopkins as her landlords.
- The tenant explained to the Tribunal that at the commencement of her tenancy Mr Goodwin had been her landlord. They entered into a tenancy agreement for the property, and Work and Income New Zealand (WINZ) paid him the bond.
- The tenant said Mr Goodwin sold the property to Mr Hopkins on or around 20 January 2025.
- The tenant said she and Mr Hopkins completed a new tenancy agreement on 22 January 2025. The tenant said no bond payment had been required as she had been told by Mr Hopkins that Mr Fraser had arranged for the Bond Centre to transfer it to the new tenancy.
- The tenant said she gave notice, and her tenancy ended on 21 July 2025. The bond refund form was completed and signed by herself and Mr Hopkins and lodged with the Bond Centre.
- The tenant said she contacted the Bond Centre after her bond refund form was not acknowledged. She said that her enquiries revealed Mr Goodwin had never lodged her bond with the Bond Centre, despite it being paid to him by WINZ. The tenant produced a transcript and voice recording of her call with the Bond Centre in which they confirm they did not hold a bond in her name or for the address of the property.
- The tenant now seeks refund of the bond from Mr Goodwin.
- The Tribunal finds that Mr Hopkins is not a party to these proceedings and that the respondent to this claim is [The tenant/s] landlord/s]. Failure to lodge the bond
- A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) of the Act.
- 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 1Aof the Act.
- The landlord Mr Goodwin failed to lodge the bond and 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) Of the Act.
- The tenant does not seek exemplary damages but wants her bond refunded in full. Under section 78(1)(d) the Tribunal can order one party to pay money to the other party. Given the nature of the breach the Tribunal orders Mr Goodwin to pay the tenant her bond in full. The amount of $2320.00 is ordered. Costs
- Because [The tenant/s] tenant/s] has wholly succeeded with the claim I must reimburse the filing fee. Name Suppression
- The tenant did not seek name suppression.