How much money was awarded in case 4606889?

ER 1. Abigail Faith Bramwell And Dan…: $1,800.00 awarded to landlord

What type of tenancy dispute was case 4606889?

The primary dispute was Leaks. Related themes: State of repair, Exemplary damages.

Where can I read the official tribunal order for case 4606889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9681929-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4606889?

ER 1. Abigail Faith Bramwell And Dan…: $1,800.00 awarded to landlord

What type of tenancy dispute was case 4606889?

The primary dispute was Leaks. Related themes: State of repair, Exemplary damages.

Where can I read the official tribunal order for case 4606889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9681929-Tenancy_Tribunal_Order.pdf.

75F Hill Street, Onehunga, Auckland 1061 Tenancy Tribunal Case 4606889 — Leaks

Q: What was the outcome of Tenancy Tribunal case 4606889?

The tribunal order states: Abigail Faith Bramwell and Dan Irvine acting for Emily Grace Irvine to pay

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Order

Claims and awards in Tenancy Tribunal application 4606889. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ER 1. Abigail Faith Bramwell and Dan Irvine acting for Emily Grace Irvine to pay Harpreet Kaur, Hitesh Ahuja and Yatin A	$1,800.00		ER 1. Abigail Faith Bramwell and Dan Irvine acting for Emily Grace Irvine to pay Harpreet Kaur, Hitesh Ahuja and Yatin A

Abigail Faith Bramwell and Dan Irvine acting for Emily Grace Irvine to pay Harpreet Kaur, Hitesh Ahuja and Yatin Ahuja $1,800.00 immediately, comprising exemplary damages for failure to maintain the premises.

Bond Services is to refund the full bond of $1,200.00 to the Tenant immediately.

If the Bond was not lodged with Bond Services, the Landlord must pay a further $1,200.00 to the Tenant immediately.

Reasons

The Tenant attended the hearing. The Landlord did not come to the hearing.

The Tenant has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Bond

The tenant has applied for refund of the bond. The landlord has filed no claim against the bond and has not come to the hearing.

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

Harpreet Kaur, Hitesh Ahuja and Yatin Ahuja claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.

Under section 45, a landlord must, among other things, provide and maintain the premises in a reasonable state of repair and comply with any relevant enactment in relation to buildings, health and safety.

Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00: s 45(1A) and Schedule 1A Residential Tenancies Act 1986.

The landlord failed to provide and maintain the premises in a reasonable state of repair, allowing water leakage and damage to tenants' property. I find they have 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 intentionally neglected the leakage issue, affecting the tenant's use of the property and causing property damage. Awarding exemplary damages is justified in this case.

I award $1,800.00 to the Tenant, which is the amount they have requested, and which is appropriate considering the short duration of their stay – 1 month.

I have not received evidence as to the value of the mattress and I decline that claim.

Because Harpreet Kaur, Hitesh Ahuja, and Yatin Ahuja have substantially succeeded with the claim, I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4606889. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ER 1. Abigail Faith Bramwell and Dan Irvine acting for Emily Grace Irvine to pay Harpreet Kaur, Hitesh Ahuja and Yatin A	$1,800.00		ER 1. Abigail Faith Bramwell and Dan Irvine acting for Emily Grace Irvine to pay Harpreet Kaur, Hitesh Ahuja and Yatin A