How much money was awarded in case 4546795?

Property Damage: $1,200.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant; Reimbursement Of Sliding Door Handle…: $224.99 awarded to tenant

What type of tenancy dispute was case 4546795?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4546795?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9242555-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4546795?

Property Damage: $1,200.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant; Reimbursement Of Sliding Door Handle…: $224.99 awarded to tenant

What type of tenancy dispute was case 4546795?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4546795?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9242555-Tenancy_Tribunal_Order.pdf.

70B Hammond Street, Hairini, Tauranga 3112 Tenancy Tribunal Case 4546795 — Exemplary damages

Q: What was the outcome of Tenancy Tribunal case 4546795?

The tribunal order states: Ikjot Bhamra must pay Harjit Singh $3,845.43 immediately, calculated as shown

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70B Hammond Street, Hairini, Tauranga 3112 Tenancy Tribunal Case 4546795 — 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 4546795 — net $3,845.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Bond refund (not lodged	$2,400.00	Bond refund (not lodged
Exemplary damages: for non-lodgment of bond	$1,200.00	for non-lodgment of bond
Reimbursement of sliding door handle costs (as agreed between the parties	$224.99	Reimbursement of sliding door handle costs (as agreed between the parties
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,845.43
Total payable by Landlord to Tenant	$3,845.43

Claims and awards for application 4546795 — net $3,845.43 NZD. Verify on MoJ.

Bond refund (not lodged

Amount: $2,400.00
Awarded to: Tenant
Reason: Bond refund (not lodged

Exemplary damages: for non-lodgment of bond

Amount: $1,200.00
Awarded to: Tenant
Reason: for non-lodgment of bond

Reimbursement of sliding door handle costs (as agreed between the parties

Amount: $224.99
Awarded to: Tenant
Reason: Reimbursement of sliding door handle costs (as agreed between the parties

Filing fee reimbursement

Amount: $20.44
Awarded to: Tenant
Reason: Filing fee reimbursement

Net award

Tenant $3,845.43

Total payable by Landlord to Tenant

Tenant $3,845.43

Claim types — money lines allowed on this order

Exemplary damages Filing Fee

Order

Ikjot Bhamra must pay Harjit Singh $3,845.43 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing.
Harjit Singh claims 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 (‘RTA’).
The landlord received the full bond of $2400.00 on 23 May 2022, prior to the commencement of the tenancy, but never lodged the bond. I find 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.
In her defence, the landlord contends that she called Tenancy Services sometime in 2019 but was advised that she may choose to lodge the bond or keep it in her own bank account.
I reject the landlord’s evidence.
I find that if she has indeed called Tenancy Services and asked the correct question as to whether a landlord is obliged to lodge the bond, she would clearly have been told to do so and also warned of the consequences of failing to lodge the bond within the 23 working days from receiving the bond.
The tenancy ended in February 2023; to date, the tenant has still not received his bond back. No counterclaim has been filed by the landlord in respect of alleged damage to the property, cleaning, power charges and rent arrears. It has been over 5 months now since the tenant had vacated.
I find that exemplary damages on the higher end of the scale is appropriate.
At the end of the tenancy, the landlord refused to return the bond. The tenant was left at the mercy of the landlord. It was primarily for this reason that all bonds must be lodged at the Bond Centre; it is in order to prevent abuse of tenants' money by irresponsible landlords.
The reason provided as to why the bond had not been lodged is clearly unacceptable and the failure by the landlord to lodge the bond and to return it when this application was filed by the tenant borderlines on contumelious default in relation to obligations which must be adhered to by landlords pursuant to the RTA.
The amounts awarded above are proved; they include reimbursement of the Tribunal filing fee and sliding door handle replacement costs as agreed between the parties.

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 4546795 — net $3,845.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Bond refund (not lodged	$2,400.00	Bond refund (not lodged
Exemplary damages: for non-lodgment of bond	$1,200.00	for non-lodgment of bond
Reimbursement of sliding door handle costs (as agreed between the parties	$224.99	Reimbursement of sliding door handle costs (as agreed between the parties
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,845.43
Total payable by Landlord to Tenant	$3,845.43

Claims and awards for application 4546795 — net $3,845.43 NZD. Verify on MoJ.

Bond refund (not lodged

Amount: $2,400.00
Awarded to: Tenant
Reason: Bond refund (not lodged

Exemplary damages: for non-lodgment of bond

Amount: $1,200.00
Awarded to: Tenant
Reason: for non-lodgment of bond

Reimbursement of sliding door handle costs (as agreed between the parties

Amount: $224.99
Awarded to: Tenant
Reason: Reimbursement of sliding door handle costs (as agreed between the parties

Filing fee reimbursement

Amount: $20.44
Awarded to: Tenant
Reason: Filing fee reimbursement

Net award

Tenant $3,845.43

Total payable by Landlord to Tenant

Tenant $3,845.43

Claim types — money lines allowed on this order

Exemplary damages Filing Fee

Order

Ikjot Bhamra must pay Harjit Singh $3,845.43 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing.
Harjit Singh claims 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 (‘RTA’).
The landlord received the full bond of $2400.00 on 23 May 2022, prior to the commencement of the tenancy, but never lodged the bond. I find 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.
In her defence, the landlord contends that she called Tenancy Services sometime in 2019 but was advised that she may choose to lodge the bond or keep it in her own bank account.
I reject the landlord’s evidence.
I find that if she has indeed called Tenancy Services and asked the correct question as to whether a landlord is obliged to lodge the bond, she would clearly have been told to do so and also warned of the consequences of failing to lodge the bond within the 23 working days from receiving the bond.
The tenancy ended in February 2023; to date, the tenant has still not received his bond back. No counterclaim has been filed by the landlord in respect of alleged damage to the property, cleaning, power charges and rent arrears. It has been over 5 months now since the tenant had vacated.
I find that exemplary damages on the higher end of the scale is appropriate.
At the end of the tenancy, the landlord refused to return the bond. The tenant was left at the mercy of the landlord. It was primarily for this reason that all bonds must be lodged at the Bond Centre; it is in order to prevent abuse of tenants' money by irresponsible landlords.
The reason provided as to why the bond had not been lodged is clearly unacceptable and the failure by the landlord to lodge the bond and to return it when this application was filed by the tenant borderlines on contumelious default in relation to obligations which must be adhered to by landlords pursuant to the RTA.
The amounts awarded above are proved; they include reimbursement of the Tribunal filing fee and sliding door handle replacement costs as agreed between the parties.

Tenancy Tribunal case 4546795 — Exemplary damages at 70B Hammond Street, Hairini, Tauranga 3112

At a glance

Tenancy Tribunal case 4546795 — Exemplary damages at 70B Hammond Street, Hairini, Tauranga 3112

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