Published tribunal order
Tenancy Tribunal case 4793983 — Rent arrears at 115A Akatarawa Road, Birchville, Upper Hutt 5018
Decided 11 Apr 2024 · Published 11 Apr 2024 · Application 4793983
Landlord favoured
- Rent arrears
- Exemplary damages
Order
- Stephanie Derwin must pay Hien Quang Tran $4,061.00 immediately, calculated as shown in the table below:
- This order incorporates the Tribunal order made on 14 March 2024 under this same application number.
- The Bond Centre is to pay the bond of $2,600.00 (6135882-015) to Hien Quang Tran immediately.
- 3.2024 $500.00 Net award$6,661.00 Bond$2,600.00 Total payable by Tenant to Landlord$4,061.00
Reasons
- Both parties attended the hearing by teleconference. Ms Derwent was represented by her sister as requested.
- The landlord has applied for rent arrears and has provided rent records. The parties agree on the amount owing.
- On 14 March 2024 the Tribunal made an order for exemplary damages of $500 awarded to the tenant. This award is to be deducted from the rent arrears owed. The previous order is incorporated into this order for enforcement purposes.
- The landlord has applied for suppression of his name and identifying details. However, while he has succeeded with his claim for rent arrears, the tenant has succeeded in her claim for exemplary damages because of the landlord’s failure to lodge the bond. I consider that the breaches committed by each party are in the public interest and there is no reason to grant suppression orders. For the same reason, each party is to wear the cost of the filing fee they each paid.