How much money was awarded in case 4758142?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4758142?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4758142?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9792645-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4758142?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4758142?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4758142?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9792645-Tenancy_Tribunal_Order.pdf.

Flat 4, 126 Nursery Road, Linwood, Christchurch 8011 Tenancy Tribunal Case 4758142 — Exemplary damages

Q: What was the outcome of Tenancy Tribunal case 4758142?

The tribunal order states: Joshua Te Whui Flavell Harpur has paid bond in the sum of $885 to the landlord

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Order

Joshua Te Whui Flavell Harpur has paid bond in the sum of $885 to the landlord T Hall in respect of this tenancy and therefore he is not required to pay any further bond to him. If Mr Hall does not pay the bond to the Bond Centre, he must account to Mr Harpur for it when this tenancy ends.

No other is made on Mr Harpur’s application.

Reasons

Mr Harpur attended the hearing. Neither of the respondents attended.

Mr Harpur is the tenant of the premises under a tenancy agreement dated 3 November 2021.

The agreement names Advantage Property Management Limited (Advantage) as agent for the landlord T Hall. It provides for Mr Harpur to pay bond in the sum of $885 and $295 being a week’s rent in advance.

Mr Harpur provided evidence that he paid a total of $1,475 to Advantage on 3 November 2021 being $885 bond and two weeks’ rent in advance.

The bond has not been paid to the Bond Centre as required by s19 of the Residential Tenancies Act 1986 (the Act).

Since November 2023, Harcourts Holmwood have been managing the tenancy for Mr Hall. Mr Harpur has had no contact from Advantage since February 2023.

Mr Harpur has applied for payment of the bond from Advantage so that he can pay it to Harcourts and they can then lodge it with the Bond Centre.

I have declined to make such an order because it is unnecessary. If Advantage has not paid the bond to Mr Hall, the missing bond is an issue for him to pursue with them. It is not for Mr Harpur to pursue Advantage for the bond so that it can be paid to Mr Hall’s current agent.

Advantage was Mr Hall’s agent and so the money was paid to Advantage on behalf of Mr Hall. As a matter of law therefore, Mr Harpur has paid $885 bond to Mr Hall as landlord. It is Mr Hall’s responsibility to ensure that the bond is paid to the Bond Centre.

I have not ordered Mr Hall to pay the bond to the Bond Centre because I am not satisfied that he has received notice of this application. But the Act requires him to pay the bond to the Bond Centre and if he fails to do so, he may be liable for exemplary damages of up to $1,500.

I have made a declaration that Mr Harpur has paid the bond to Mr Hall and that unless he pays the bond to the Bond Centre, he must account to Mr Harpur for it when this tenancy ends.

Because I have not made the order sought in the application, I have not awarded the filing fee.

Order