What was Tenancy Tribunal case 5325563 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 5325563?

Property Damage: $750.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5325563?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5325563?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13075445-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5325563 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 5325563?

Property Damage: $750.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5325563?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5325563?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13075445-Tribunal_Order_Redacted.pdf.

85 Centennial Avenue, Te Aroha, Te Aroha 3320 Tenancy Tribunal Case 5325563 — Exemplary damages

Reasons

Claims and awards in Tenancy Tribunal application 5325563 — net $2,378.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Refund bond	$1,600.00	Refund bond
Exemplary damages: fail to lodge bond	$750.00	fail to lodge bond
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,378.00
Total payable by Landlord to Tenant	$2,378.00

The tenant attended the hearing which was scheduled by videoconference.

The landlord didn’t attend. Two calls were made to the phone number given in the Notice of Hearing which was properly served to the postal address given in the tenancy agreement and by e-mail to the address used by the landlord to issue the tenant the termination notice. Neither call was answered.

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

Should the bond be refunded?

The tenancy agreement provided for the tenancy to begin on 11 July 2024. It required that a bond of $1,600.00 be paid.

The tenant has provided WINZ records which appear to confirm payment of a bond of $1,600.00 in July 2024. I find it proved more likely than not that a bond of $1,600.00 was paid.

When a tenant applies for refund of their bond, if a landlord disagrees they must file an application setting out their claim against the bond 1 .

The landlord has not made an application, so the bond must be repaid to the tenant.

Should exemplary damages be awarded for 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 2 .

Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00 3 .

There is no record of a bond for this tenancy having been lodged with the Bond Centre. I find it proved on balance that the landlord has committed an unlawful act by failing to lodge the bond.

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. 4

The tenant’s evidence is that the landlord said she intended to use the bond money to gravel the driveway to park her motorhome on and would repay it later. I find it more likely than not that the breach was intentional. 1 S.22B(2) RTA 2 S.19(1) RTA 3 S.19(2) and Schedule 1A RTA 4 See section 109(3) RTA

The tenant was not aware that the bond had not been lodged and did not remind the landlord of the requirement to lodge it.

The effect is that the tenant is in the position of not having the reassurance that the bond is there and available to be returned to her. The tenancy ended on 28 February 2025 and the landlord has refused to repay it.

The landlord’s failure to lodge the bond is made worse by having apparently spent it rather than keeping it securely and available for return to the tenant.

In those circumstances I find that an award of exemplary damages of 50% of the maximum would be just.

Because the tenant has succeeded with the claim I refund her filing fee.

Claims and awards in Tenancy Tribunal application 5325563 — net $2,378.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Refund bond	$1,600.00	Refund bond
Exemplary damages: fail to lodge bond	$750.00	fail to lodge bond
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,378.00
Total payable by Landlord to Tenant	$2,378.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenants’ name and identifying details.
must pay immediately, calculated as shown below:

Reasons

The tenant attended the hearing which was scheduled by videoconference.
The landlord didn’t attend. Two calls were made to the phone number given in the Notice of Hearing which was properly served to the postal address given in the tenancy agreement and by e-mail to the address used by the landlord to issue the tenant the termination notice. Neither call was answered.
[The tenant/s] claims the landlord did not lodge the bond with the Bond Centre within the required time.

Should the bond be refunded?

The tenancy agreement provided for the tenancy to begin on 11 July 2024. It required that a bond of $1,600.00 be paid.
The tenant has provided WINZ records which appear to confirm payment of a bond of $1,600.00 in July 2024. I find it proved more likely than not that a bond of $1,600.00 was paid.
When a tenant applies for refund of their bond, if a landlord disagrees they must file an application setting out their claim against the bond 1 .
The landlord has not made an application, so the bond must be repaid to the tenant.

Should exemplary damages be awarded for 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 2 .
Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00 3 .
There is no record of a bond for this tenancy having been lodged with the Bond Centre. I find it proved on balance that the landlord has committed an unlawful act by failing to lodge the bond.
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. 4
The tenant’s evidence is that the landlord said she intended to use the bond money to gravel the driveway to park her motorhome on and would repay it later. I find it more likely than not that the breach was intentional. 1 S.22B(2) RTA 2 S.19(1) RTA 3 S.19(2) and Schedule 1A RTA 4 See section 109(3) RTA
The tenant was not aware that the bond had not been lodged and did not remind the landlord of the requirement to lodge it.
The effect is that the tenant is in the position of not having the reassurance that the bond is there and available to be returned to her. The tenancy ended on 28 February 2025 and the landlord has refused to repay it.
The landlord’s failure to lodge the bond is made worse by having apparently spent it rather than keeping it securely and available for return to the tenant.
In those circumstances I find that an award of exemplary damages of 50% of the maximum would be just.
Because the tenant has succeeded with the claim I refund her filing fee.

Tenancy Tribunal case 5325563 — Exemplary damages at 85 Centennial Avenue, Te Aroha, Te Aroha 3320

At a glance

Tenancy Tribunal case 5325563 — Exemplary damages at 85 Centennial Avenue, Te Aroha, Te Aroha 3320

At a glance

Award balance

Claims & awards

Order

Reasons

Should the bond be refunded?

Should exemplary damages be awarded for failure to lodge the bond?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the bond be refunded?

Should exemplary damages be awarded for failure to lodge the bond?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions