What was the outcome of Tenancy Tribunal case 4842481?

The tribunal order states: On 71 For Accommodation must pay Elliot Komene $920.44 immediately,

How much money was awarded in case 4842481?

Property Damage: $200.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4842481?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4842481?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10750025-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4842481?

The tribunal order states: On 71 For Accommodation must pay Elliot Komene $920.44 immediately,

How much money was awarded in case 4842481?

Property Damage: $200.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4842481?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4842481?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10750025-Tribunal_Order.pdf.

71 Budge Street, Riversdale, Blenheim 7201, On 71 For Tenancy Tribunal Case 4842481 — Exemplary damages

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71 Budge Street, Riversdale, Blenheim 7201, On 71 For Tenancy Tribunal Case 4842481 — 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 4842481 — net $920.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Balance of bond	$700.00	Balance of bond
Filing fee reimbursement	$20.44	Filing fee reimbursement
Exemplary damages (failure to lodge bond	$200.00	Exemplary damages (failure to lodge bond
Net award	$920.44
Total payable by Landlord to Tenant	$920.44

Claims and awards for application 4842481 — net $920.44 NZD. Verify on MoJ.

Balance of bond

Amount: $700.00
Awarded to: Tenant
Reason: Balance of bond

Filing fee reimbursement

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

Exemplary damages (failure to lodge bond

Amount: $200.00
Awarded to: Tenant
Reason: Exemplary damages (failure to lodge bond

Net award

Tenant $920.44

Total payable by Landlord to Tenant

Tenant $920.44

Claim types — money lines allowed on this order

Exemplary damages Filing Fee

Order

On 71 For Accommodation must pay Elliot Komene $920.44 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing, conducted via teleconference. A prior case conference had taken place.
The tenant sought the return of his bond and exemplary damages.
The original application was drafted with the assistance of Citizens Advice but cited residential tenancy sections. This was a boarding house tenancy.
The landlord took three weeks bond. It categorised the payment as one week bond and two weeks deposit. I have treated this as three weeks bond rather than a violation of s 17 – Requiring Key Money although an argument could be made that the “deposit” constitutes key money.
The one-week bond was returned to the tenant but the two week “deposit” remains with the landlord for no valid reason.
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 retained the bond. This is allowed for a boarding house tenancy if one week or rent or less. The taking of three weeks “bond” meant the total should have been lodged with the Bond Centre. I find they have committed an unlawful act.
As I have determined that the landlord committed unlawful acts I must decide if it is appropriate to award exemplary damages.
Exemplary damages under the Act are different from compensation. The provision of such damages is designed to punish and deter; Attorney-General (Commissioner of Crown Lands) v Little Bo Peep Sheep Company Ltd (HC CIV 2010-412-134).
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied that 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) RTA
The Tribunal may draw an inference of intent where the landlord claims to have simply forgotten or been unaware, as a landlord should have systems in place to ensure this does not happen.
The landlord has been working with Tenancy Services/Investigations to correct her tenancy documentation. There does not appear to be any issues with the premises themselves. I have considered that but also the fact that since the case conference (and awareness of the boarding house requirements) the “deposit” has still be retained by the landlord. Having considered the various factors, I consider some exemplary damages should follow as the initial failure was complicated by the continued retention of the $700.00 by the landlord. I have awarded $200.00 exemplary damages. Filing fee
Because Elliot Komene has substantially succeeded with the claim I have reimbursed the filing fee. Payment
The tenant is to email the landlord using the same email address as before. This email is to confirm his bank account details for payment only. The email is not to expand beyond that.

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 4842481 — net $920.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Balance of bond	$700.00	Balance of bond
Filing fee reimbursement	$20.44	Filing fee reimbursement
Exemplary damages (failure to lodge bond	$200.00	Exemplary damages (failure to lodge bond
Net award	$920.44
Total payable by Landlord to Tenant	$920.44

Claims and awards for application 4842481 — net $920.44 NZD. Verify on MoJ.

Balance of bond

Amount: $700.00
Awarded to: Tenant
Reason: Balance of bond

Filing fee reimbursement

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

Exemplary damages (failure to lodge bond

Amount: $200.00
Awarded to: Tenant
Reason: Exemplary damages (failure to lodge bond

Net award

Tenant $920.44

Total payable by Landlord to Tenant

Tenant $920.44

Claim types — money lines allowed on this order

Exemplary damages Filing Fee

Order

On 71 For Accommodation must pay Elliot Komene $920.44 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing, conducted via teleconference. A prior case conference had taken place.
The tenant sought the return of his bond and exemplary damages.
The original application was drafted with the assistance of Citizens Advice but cited residential tenancy sections. This was a boarding house tenancy.
The landlord took three weeks bond. It categorised the payment as one week bond and two weeks deposit. I have treated this as three weeks bond rather than a violation of s 17 – Requiring Key Money although an argument could be made that the “deposit” constitutes key money.
The one-week bond was returned to the tenant but the two week “deposit” remains with the landlord for no valid reason.
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 retained the bond. This is allowed for a boarding house tenancy if one week or rent or less. The taking of three weeks “bond” meant the total should have been lodged with the Bond Centre. I find they have committed an unlawful act.
As I have determined that the landlord committed unlawful acts I must decide if it is appropriate to award exemplary damages.
Exemplary damages under the Act are different from compensation. The provision of such damages is designed to punish and deter; Attorney-General (Commissioner of Crown Lands) v Little Bo Peep Sheep Company Ltd (HC CIV 2010-412-134).
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied that 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) RTA
The Tribunal may draw an inference of intent where the landlord claims to have simply forgotten or been unaware, as a landlord should have systems in place to ensure this does not happen.
The landlord has been working with Tenancy Services/Investigations to correct her tenancy documentation. There does not appear to be any issues with the premises themselves. I have considered that but also the fact that since the case conference (and awareness of the boarding house requirements) the “deposit” has still be retained by the landlord. Having considered the various factors, I consider some exemplary damages should follow as the initial failure was complicated by the continued retention of the $700.00 by the landlord. I have awarded $200.00 exemplary damages. Filing fee
Because Elliot Komene has substantially succeeded with the claim I have reimbursed the filing fee. Payment
The tenant is to email the landlord using the same email address as before. This email is to confirm his bank account details for payment only. The email is not to expand beyond that.

Tenancy Tribunal case 4842481 — Exemplary damages at 71 Budge Street, Riversdale, Blenheim 7201, On 71 For

At a glance

Tenancy Tribunal case 4842481 — Exemplary damages at 71 Budge Street, Riversdale, Blenheim 7201, On 71 For

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