What was Tenancy Tribunal case 5348872 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 5348872?

Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5348872?

The dispute type was not classified.

Where can I read the official tribunal order for case 5348872?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12900934-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5348872 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 5348872?

Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5348872?

The dispute type was not classified.

Where can I read the official tribunal order for case 5348872?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12900934-Tribunal_Order_Redacted.pdf.

Unit/Flat 2, 6 Pauareka Road, Haast, Haast 7886 Tenancy Tribunal Case 5348872 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 5348872 — net $808.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Refund bond held by landlord	$780.00	Refund bond held by landlord
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$808.00
Total payable by Landlord to Tenant	$808.00

Both parties attended the hearing which I held by video/phone.

The tenants have applied for a refund of their bond and for exemplary damages for the landlord’s failure to complete the Healthy Homes Compliance Statement in the tenancy agreement. The bond

The landlord confirmed that he is holding the bond of $780.00. It has not been sent to the Bond Centre. He said he has incurred costs he wants to take from the bond.

If a tenant applies to the Tribunal for a refund of the bond, and the landlord seeks payment from the bond for costs incurred in whole or in part, the landlord must file an application with the Tribunal setting out the landlord’s counterclaim 1 .

The landlord confirmed that he has not made an application to the Tribunal setting out his counterclaim.

The bond must therefore be paid to the tenants now. That is what I have ordered.

The landlord is not prevented from making a claim for costs in relation to the tenancy, but he cannot retain the bond while he decides whether to make a counterclaim. Exemplary damages

Exemplary damages are designed to punish and to deter. They are like a fine.

Exemplary damages are awarded at the Tribunal’s discretion when one party has proved that the other party has committed a defined unlawful act. If that is proven, and before the Tribunal may award exemplary damages, it must take account of the factors set out in section 109 of the Residential Tenancies Act 1986 (RTA). Those factors are: •The intention of the person; •The effect of the unlawful act; •The interests of the party against whom the unlawful act was committed; and •The public interest. 1 See section 22B Residential Tenancies Act 1986 (RTA)

A tenancy agreement must contain a statement signed by the landlord confirming that the landlord will comply with the Healthy Homes Standards (HHS) and what the HHS compliance date for the tenancy is 2 .

The landlord did not fully complete the HHS compliance statement. That is a defined unlawful act 3 .

For the Tribunal to award exemplary damages, the tenant must prove that the landlord acted with intent. That means the landlord had to ‘turn his mind to the unlawful act and deliberately set about to commit it’ 4 .

Mr Small said he was a first-time landlord. He believed he had completed the HHS compliance statement by writing his name in that section.

I do not find that the landlord acted with intent; at best, he was negligent. That is not sufficient to prove a claim for exemplary damages.

I dismiss the tenants’ application for exemplary damages. Result

The landlord will pay the tenants $808.00 immediately, comprising a refund of the bond ($780.00) and reimbursement of the filing fee ($28.00). Name suppression

The tenants sought, and are entitled to, a name suppression order as their application is substantially successful. The landlord is not entitled to name suppression 5

Claims and awards in Tenancy Tribunal application 5348872 — net $808.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Refund bond held by landlord	$780.00	Refund bond held by landlord
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$808.00
Total payable by Landlord to Tenant	$808.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenants’ names and identifying details.
Anthony Wayne Small must pay [The tenant/s] $808.00 immediately, calculated as shown in table below:
The application for exemplary damages is dismissed.

Reasons

Both parties attended the hearing which I held by video/phone.
The tenants have applied for a refund of their bond and for exemplary damages for the landlord’s failure to complete the Healthy Homes Compliance Statement in the tenancy agreement. The bond
The landlord confirmed that he is holding the bond of $780.00. It has not been sent to the Bond Centre. He said he has incurred costs he wants to take from the bond.
If a tenant applies to the Tribunal for a refund of the bond, and the landlord seeks payment from the bond for costs incurred in whole or in part, the landlord must file an application with the Tribunal setting out the landlord’s counterclaim 1 .
The landlord confirmed that he has not made an application to the Tribunal setting out his counterclaim.
The bond must therefore be paid to the tenants now. That is what I have ordered.
The landlord is not prevented from making a claim for costs in relation to the tenancy, but he cannot retain the bond while he decides whether to make a counterclaim. Exemplary damages
Exemplary damages are designed to punish and to deter. They are like a fine.
Exemplary damages are awarded at the Tribunal’s discretion when one party has proved that the other party has committed a defined unlawful act. If that is proven, and before the Tribunal may award exemplary damages, it must take account of the factors set out in section 109 of the Residential Tenancies Act 1986 (RTA). Those factors are: •The intention of the person; •The effect of the unlawful act; •The interests of the party against whom the unlawful act was committed; and •The public interest. 1 See section 22B Residential Tenancies Act 1986 (RTA)
A tenancy agreement must contain a statement signed by the landlord confirming that the landlord will comply with the Healthy Homes Standards (HHS) and what the HHS compliance date for the tenancy is 2 .
The landlord did not fully complete the HHS compliance statement. That is a defined unlawful act 3 .
For the Tribunal to award exemplary damages, the tenant must prove that the landlord acted with intent. That means the landlord had to ‘turn his mind to the unlawful act and deliberately set about to commit it’ 4 .
Mr Small said he was a first-time landlord. He believed he had completed the HHS compliance statement by writing his name in that section.
I do not find that the landlord acted with intent; at best, he was negligent. That is not sufficient to prove a claim for exemplary damages.
I dismiss the tenants’ application for exemplary damages. Result
The landlord will pay the tenants $808.00 immediately, comprising a refund of the bond ($780.00) and reimbursement of the filing fee ($28.00). Name suppression
The tenants sought, and are entitled to, a name suppression order as their application is substantially successful. The landlord is not entitled to name suppression 5

Tenancy Tribunal case 5348872 — Tenancy dispute at Unit/Flat 2, 6 Pauareka Road, Haast, Haast 7886

At a glance

Tenancy Tribunal case 5348872 — Tenancy dispute at Unit/Flat 2, 6 Pauareka Road, Haast, Haast 7886

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions