What was the outcome of Tenancy Tribunal case 4709389?

The tribunal order states: Shuying Sun must pay Cennaire Te Aroha Josephine King $370.44

How much money was awarded in case 4709389?

Property Damage: $350.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4709389?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4709389?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9654276-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4709389?

The tribunal order states: Shuying Sun must pay Cennaire Te Aroha Josephine King $370.44

How much money was awarded in case 4709389?

Property Damage: $350.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4709389?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4709389?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9654276-Tenancy_Tribunal_Order.pdf.

9 Wright Street, Wainuiomata, Lower Hutt 5014 Tenancy Tribunal Case 4709389 — Exemplary damages

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9 Wright Street, Wainuiomata, Lower Hutt 5014 Tenancy Tribunal Case 4709389 — 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 4709389 — net $370.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Exemplary damages: Failure to lodge bond	$350.00	Failure to lodge bond
Net award	$370.44
Total payable by Landlord to Tenant	$370.44

Claims and awards for application 4709389 — net $370.44 NZD. Verify on MoJ.

Filing fee reimbursement

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

Exemplary damages: Failure to lodge bond

Amount: $350.00
Awarded to: Tenant
Reason: Failure to lodge bond

Net award

Tenant $370.44

Total payable by Landlord to Tenant

Tenant $370.44

Claim types — money lines allowed on this order

Exemplary damages Filing Fee

Order

Shuying Sun must pay Cennaire Te Aroha Josephine King $370.44 immediately.

Reasons

Both parties attended the hearing by remote teleconference. The landlord was represented by her property manager.
Cennaire Te Aroha Josephine King 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.
The tenancy began on 29 April 2021.
The tenant says that says that her bond was not lodged by the landlord within the required timeframe. She says that she only found out about this when she telephoned Tenancy Services.
During the hearing the landlord accepted the breach and advised that it was an oversight. I have also sighted correspondence from the owner which states that she had a c-section around that time and that her family could not come to help due to the border closures. The bond has now been lodged as of 13 October 2023. This is more than two years after the tenant moved in. I have also had regard to the landlord’s otherwise good record of compliance.
While I accept the landlord’s explanation I do take the view that failing to lodge a bond for nearly two and a half years is a clear breach of landlord obligations.
The landlord has failed to lodge the bond within the required timeframe. I find they have committed an unlawful act. I award exemplary damages to reflect a clear breach of landlord obligations.
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.
Because Cennaire Te Aroha Josephine King has wholly succeeded with the claim I 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 4709389 — net $370.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Exemplary damages: Failure to lodge bond	$350.00	Failure to lodge bond
Net award	$370.44
Total payable by Landlord to Tenant	$370.44

Claims and awards for application 4709389 — net $370.44 NZD. Verify on MoJ.

Filing fee reimbursement

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

Exemplary damages: Failure to lodge bond

Amount: $350.00
Awarded to: Tenant
Reason: Failure to lodge bond

Net award

Tenant $370.44

Total payable by Landlord to Tenant

Tenant $370.44

Claim types — money lines allowed on this order

Exemplary damages Filing Fee

Order

Shuying Sun must pay Cennaire Te Aroha Josephine King $370.44 immediately.

Reasons

Both parties attended the hearing by remote teleconference. The landlord was represented by her property manager.
Cennaire Te Aroha Josephine King 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.
The tenancy began on 29 April 2021.
The tenant says that says that her bond was not lodged by the landlord within the required timeframe. She says that she only found out about this when she telephoned Tenancy Services.
During the hearing the landlord accepted the breach and advised that it was an oversight. I have also sighted correspondence from the owner which states that she had a c-section around that time and that her family could not come to help due to the border closures. The bond has now been lodged as of 13 October 2023. This is more than two years after the tenant moved in. I have also had regard to the landlord’s otherwise good record of compliance.
While I accept the landlord’s explanation I do take the view that failing to lodge a bond for nearly two and a half years is a clear breach of landlord obligations.
The landlord has failed to lodge the bond within the required timeframe. I find they have committed an unlawful act. I award exemplary damages to reflect a clear breach of landlord obligations.
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.
Because Cennaire Te Aroha Josephine King has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4709389 — Exemplary damages at 9 Wright Street, Wainuiomata, Lower Hutt 5014

At a glance

Tenancy Tribunal case 4709389 — Exemplary damages at 9 Wright Street, Wainuiomata, Lower Hutt 5014

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