What was the outcome of Tenancy Tribunal case 4592972?

The tribunal order states: The claim is struck out for want of jurisdiction.

How much money was awarded in case 4592972?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4592972?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4592972?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9501140-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4592972?

The tribunal order states: The claim is struck out for want of jurisdiction.

How much money was awarded in case 4592972?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4592972?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4592972?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9501140-Tenancy_Tribunal_Order.pdf.

Room 3, 16 Whitaker Place, Grafton, Auckland 1010 Tenancy Tribunal Case 4592972 — Exemplary damages

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Reasons

Both parties attended the hearing.

The tenant seeks orders of compensation and exemplary damages against the landlord. The tenant also seeks the refund of the bond and return of overpaid rent. The tenant says that her television was stolen while she was away from the premises briefly and the premises were not maintained properly and shoddy.

In response, the landlord pleaded the statute of limitation and provided a notice of credit from Work and Income that 3 weeks’ rent in advance had been paid at the start of the tenancy in July 2016. No bond was collected, says the landlord. The rent in advance was used up towards the rent. The tenancy agreement adduced by the landlord records that no bond was required nor paid.

The tenant’s claims pertain to a tenancy that commenced on 15 July 2016 and ended on 31 August 2016. The tenant’s claims before me were lodged on 1 June 2023, more than 6 years since the end of the tenancy.

Section 11 of the Limitation Act 2010 provides: Defence to money claim filed after applicable period (1) It is a defence to a money claim if the defendant proves that the date on which the claim is filed is at least 6 years after the date of the act or omission on which the claim is based.

Section 92A of the Residential Tenancies Act 1986 provides that: The Tribunal may strike out, in whole or in part, a proceeding if satisfied that it— (a) discloses no reasonable cause of action; or (b) is likely to cause prejudice or delay; or (c) is frivolous or vexatious; or (d) is otherwise an abuse of process.

The Tenancy Tribunal’s jurisdiction to determine any dispute that exists between a landlord and a tenant in accordance with the Residential Tenancies Act 1986 is subject to the Limitation Act 2010. See section 77(1) Residential Tenancies Act 1986

The tenant filed this claim on 1 June 2023, well outside the six year time frame for the bringing of any claim for damages against the landlord.

There is nothing in the statute of limitations that postpones the operation of the Limitation Act 2010 due to COVID and/or hurricanes.

All the tenant’s claims arose prior to her vacating the premises on 31 August 2016.

As for claims for exemplary damages for the landlord requiring more than 2 weeks’ rent in advance (which is a breach of section 23(1) Residential Tenancies Act 1986), no party may apply for an order for exemplary damages later than 12 months after the date of commission of the unlawful act in question. See section 109(2)(b) Residential Tenancies Act 1986

Consequently, none of the tenant’s claims against the landlord can be maintained because they are statute barred.

Reasons

Both parties attended the hearing.

The tenant filed this claim on 1 June 2023, well outside the six year time frame for the bringing of any claim for damages against the landlord.

There is nothing in the statute of limitations that postpones the operation of the Limitation Act 2010 due to COVID and/or hurricanes.

All the tenant’s claims arose prior to her vacating the premises on 31 August 2016.

Consequently, none of the tenant’s claims against the landlord can be maintained because they are statute barred.

Tenancy Tribunal case 4592972 — Exemplary damages at Room 3, 16 Whitaker Place, Grafton, Auckland 1010

At a glance

Tenancy Tribunal case 4592972 — Exemplary damages at Room 3, 16 Whitaker Place, Grafton, Auckland 1010

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions