What was Tenancy Tribunal case 5477789 about?

The tribunal order states: [The tenant/s] landlord/s] must pay [The tenant/s] tenant/s] $2,780.00

How much money was awarded in case 5477789?

Property Damage: $500.00 awarded to tenant

What type of tenancy dispute was case 5477789?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5477789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14186177-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5477789 about?

The tribunal order states: [The tenant/s] landlord/s] must pay [The tenant/s] tenant/s] $2,780.00

How much money was awarded in case 5477789?

Property Damage: $500.00 awarded to tenant

What type of tenancy dispute was case 5477789?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5477789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14186177-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 188 Blockhouse Bay Road, Avondale, Auckland Tenancy Tribunal Case 5477789 — Exemplary damages

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Unit/Flat 2, 188 Blockhouse Bay Road, Avondale, Auckland Tenancy Tribunal Case 5477789 — Exemplary damages | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5477789 — net $2,780.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Bond refund	$2,280.00	Bond refund
Exemplary damages: Failure to lodge the bond	$500.00	Failure to lodge the bond
Net award	$2,780.00
Total payable by Landlord to Tenant	$2,780.00

Claims and awards for application 5477789 — net $2,780.00 NZD. Verify on MoJ.

Bond refund

Amount: $2,280.00
Awarded to: Tenant
Reason: Bond refund

Exemplary damages: Failure to lodge the bond

Amount: $500.00
Awarded to: Tenant
Reason: Failure to lodge the bond

Net award

Tenant $2,780.00

Total payable by Landlord to Tenant

Tenant $2,780.00

Claim types — money lines allowed on this order

Exemplary damages

Order

[The tenant/s] landlord/s] must pay [The tenant/s] tenant/s] $2,780.00 immediately, as per below:

Reasons

Both parties attended the hearing via teleconference.
The tenancy was from 30 November 2024 until 12 November 2025.
The tenant made an application for the refund of the bond, exemplary damages and compensation. Refund of the bond
The tenant has applied for refund of the bond. The landlord has a claim against the bond, but has not filed a counterclaim with Tenancy Services.
Section 22B(2) Residential Tenancies Act 1986 provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim.
Because the landlord has not filed a counterclaim the bond is refunded in full to the tenant. Exemplary damages for the landlord’s failure to lodge the bond
The tenant claimed 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 accepted that he had received $2,280.00 as bond but did not pay it to the Bond Centre. He said that there was some misunderstanding as to whether the bond was going to be paid by the Ministry of Social Development or the tenant. I do not find the landlord’s explanation satisfactory. I find that the landlord has 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.
The landlord was aware that he had receive the bond from the tenant. The landlord knew his obligation to lodge the bond with the Bond Centre but did not. This caused a power imbalance at the end of the tenancy when the tenant was seeking for the refund of the bond.
I order the landlord to pay the tenant $500.00 as exemplary damages. Compensation
The tenant sought compensation caused by the landlord at the end of the tenancy over the dispute regarding the bond.
I have considered that in my decision to award exemplary damages. There is no merit in any further compensation. Filing fee reimbursement
Because the tenant has wholly succeeded with the claim, the landlord must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5477789 — net $2,780.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Bond refund	$2,280.00	Bond refund
Exemplary damages: Failure to lodge the bond	$500.00	Failure to lodge the bond
Net award	$2,780.00
Total payable by Landlord to Tenant	$2,780.00

Claims and awards for application 5477789 — net $2,780.00 NZD. Verify on MoJ.

Bond refund

Amount: $2,280.00
Awarded to: Tenant
Reason: Bond refund

Exemplary damages: Failure to lodge the bond

Amount: $500.00
Awarded to: Tenant
Reason: Failure to lodge the bond

Net award

Tenant $2,780.00

Total payable by Landlord to Tenant

Tenant $2,780.00

Claim types — money lines allowed on this order

Exemplary damages

Order

[The tenant/s] landlord/s] must pay [The tenant/s] tenant/s] $2,780.00 immediately, as per below:

Reasons

Both parties attended the hearing via teleconference.
The tenancy was from 30 November 2024 until 12 November 2025.
The tenant made an application for the refund of the bond, exemplary damages and compensation. Refund of the bond
The tenant has applied for refund of the bond. The landlord has a claim against the bond, but has not filed a counterclaim with Tenancy Services.
Section 22B(2) Residential Tenancies Act 1986 provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim.
Because the landlord has not filed a counterclaim the bond is refunded in full to the tenant. Exemplary damages for the landlord’s failure to lodge the bond
The tenant claimed 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 accepted that he had received $2,280.00 as bond but did not pay it to the Bond Centre. He said that there was some misunderstanding as to whether the bond was going to be paid by the Ministry of Social Development or the tenant. I do not find the landlord’s explanation satisfactory. I find that the landlord has 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.
The landlord was aware that he had receive the bond from the tenant. The landlord knew his obligation to lodge the bond with the Bond Centre but did not. This caused a power imbalance at the end of the tenancy when the tenant was seeking for the refund of the bond.
I order the landlord to pay the tenant $500.00 as exemplary damages. Compensation
The tenant sought compensation caused by the landlord at the end of the tenancy over the dispute regarding the bond.
I have considered that in my decision to award exemplary damages. There is no merit in any further compensation. Filing fee reimbursement
Because the tenant has wholly succeeded with the claim, the landlord must reimburse the filing fee.

Tenancy Tribunal case 5477789 — Exemplary damages at Unit/Flat 2, 188 Blockhouse Bay Road, Avondale, Auckland

At a glance

Tenancy Tribunal case 5477789 — Exemplary damages at Unit/Flat 2, 188 Blockhouse Bay Road, Avondale, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.