What was the outcome of Tenancy Tribunal case 4759817?

The tribunal order states: One Agency Counties Realty As Agent For Hc Brooker Farms Limited must pay

How much money was awarded in case 4759817?

Property Damage: $500.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4759817?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4759817?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9902335-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4759817?

The tribunal order states: One Agency Counties Realty As Agent For Hc Brooker Farms Limited must pay

How much money was awarded in case 4759817?

Property Damage: $500.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4759817?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4759817?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9902335-Tenancy_Tribunal_Order.pdf.

2221 Buckland Road, Buckland, Tuakau, RD4, Auckland Tenancy Tribunal Case 4759817 — Exemplary damages

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

2221 Buckland Road, Buckland, Tuakau, RD4, Auckland Tenancy Tribunal Case 4759817 — 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 4759817 — net $520.44 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	$500.00	Failure to lodge bond
Net award	$520.44
Total payable by Landlord to Tenant	$520.44

Claims and awards for application 4759817 — net $520.44 NZD. Verify on MoJ.

Filing fee reimbursement

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

Exemplary damages: Failure to lodge bond

Amount: $500.00
Awarded to: Tenant
Reason: Failure to lodge bond

Net award

Tenant $520.44

Total payable by Landlord to Tenant

Tenant $520.44

Claim types — money lines allowed on this order

Exemplary damages Filing Fee

Order

One Agency Counties Realty As Agent For Hc Brooker Farms Limited must pay Carl William Godwin $520.44 immediately.
The landlord must pay the tenant’s bond money to the bond centre no later than 5pm Friday 2 February 2024.

Reasons

The tenant attended the hearing by remote teleconference. Several attempts were made to contact the landlord however these attempts were unsuccessful.
Carl William Godwin claims the landlord has not lodged the bond with the Bond Centre within the required time.
The tenancy began on 27 March 2023. The tenant provided a bank statement confirming that on 13 March 2023 a payment of $2550.00 was made to the landlord, being rent in advance and bond money.
The tenant also provided a trust account receipt dated 13 March 2023 from the landlord confirming receipt of these funds.
As at todays’ date the landlord has still not lodged the tenant’s bond money with the bond centre. The tenant says that numerous attempts to have the landlord lodge his bond have gone unanswered.
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 landlord has intentionally failed to lodge the tenant’s bond. 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.
I am satisfied that the landlord has breached their obligations because the bond was not lodged within 23 working days “after the payment was made”. The bond money does not belong to the landlord, there was no right for them to hold it.
I consider exemplary damages should be ordered for these reasons: i. I consider it likely the failure to lodge the bond was intentional. The owner is represented by a professional property manager who should have been well aware of the landlord’s obligations to lodge the bond following the payment being made. ii. The effect for the tenant is that his bond was not secure in the Bond Centre. iii. There is a strong interest for landlords, tenants and the public generally that the bond system be robust, and of course that means landlords lodging tenants bond money as they are required to do. iv. It would be just to make an order.
The maximum level of exemplary damages for failing to lodge the bond is $1500.00. For reasons as set out above, I order one third of the maximum, that is $500.00 exemplary damages to be paid to the tenant.
Because Carl William Godwin 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 4759817 — net $520.44 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	$500.00	Failure to lodge bond
Net award	$520.44
Total payable by Landlord to Tenant	$520.44

Claims and awards for application 4759817 — net $520.44 NZD. Verify on MoJ.

Filing fee reimbursement

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

Exemplary damages: Failure to lodge bond

Amount: $500.00
Awarded to: Tenant
Reason: Failure to lodge bond

Net award

Tenant $520.44

Total payable by Landlord to Tenant

Tenant $520.44

Claim types — money lines allowed on this order

Exemplary damages Filing Fee

Order

One Agency Counties Realty As Agent For Hc Brooker Farms Limited must pay Carl William Godwin $520.44 immediately.
The landlord must pay the tenant’s bond money to the bond centre no later than 5pm Friday 2 February 2024.

Reasons

The tenant attended the hearing by remote teleconference. Several attempts were made to contact the landlord however these attempts were unsuccessful.
Carl William Godwin claims the landlord has not lodged the bond with the Bond Centre within the required time.
The tenancy began on 27 March 2023. The tenant provided a bank statement confirming that on 13 March 2023 a payment of $2550.00 was made to the landlord, being rent in advance and bond money.
The tenant also provided a trust account receipt dated 13 March 2023 from the landlord confirming receipt of these funds.
As at todays’ date the landlord has still not lodged the tenant’s bond money with the bond centre. The tenant says that numerous attempts to have the landlord lodge his bond have gone unanswered.
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 landlord has intentionally failed to lodge the tenant’s bond. 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.
I am satisfied that the landlord has breached their obligations because the bond was not lodged within 23 working days “after the payment was made”. The bond money does not belong to the landlord, there was no right for them to hold it.
I consider exemplary damages should be ordered for these reasons: i. I consider it likely the failure to lodge the bond was intentional. The owner is represented by a professional property manager who should have been well aware of the landlord’s obligations to lodge the bond following the payment being made. ii. The effect for the tenant is that his bond was not secure in the Bond Centre. iii. There is a strong interest for landlords, tenants and the public generally that the bond system be robust, and of course that means landlords lodging tenants bond money as they are required to do. iv. It would be just to make an order.
The maximum level of exemplary damages for failing to lodge the bond is $1500.00. For reasons as set out above, I order one third of the maximum, that is $500.00 exemplary damages to be paid to the tenant.
Because Carl William Godwin has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4759817 — Exemplary damages at 2221 Buckland Road, Buckland, Tuakau, RD4, Auckland

At a glance

Tenancy Tribunal case 4759817 — Exemplary damages at 2221 Buckland Road, Buckland, Tuakau, RD4, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions