What was the outcome of Tenancy Tribunal case 5070511?

The tribunal order states: Stephen John Muldoon and Stephen John Muldoon must pay Amy Natalie

How much money was awarded in case 5070511?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5070511?

The primary dispute was Rent arrears. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5070511?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11609020-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5070511?

The tribunal order states: Stephen John Muldoon and Stephen John Muldoon must pay Amy Natalie

How much money was awarded in case 5070511?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5070511?

The primary dispute was Rent arrears. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5070511?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11609020-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 8A Robinson Avenue, Holdens Bay, Rotorua Tenancy Tribunal Case 5070511 — Rent arrears

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Reasons

Both parties attended the hearing.

On 31 May 2023 the Tribunal declared the residential premises supplied by the landlord at Unit/Flat 2, 8A Robinson Avenue, Holdens Bay, Rotorua 3010 to be unlawful residential premises. The landlord’s claim for unpaid rent and power was dismissed on the grounds that where the Tribunal declares the residential premises to be unlawful, it must not make an order for rent arrears or compensation against the tenant unless, having regard to the special circumstances of the case, it would be unjust not to make the order. See sections 78A(3)(a), (4) and (5) RTA. The Tribunal also ordered termination of the tenancy.

The tenants have now applied for the bond. The evidence is that $1,400.00 was paid to the landlord for bond.

The landlord has a claim against the bond, but has not filed an application with Tenancy Services.

Section 22B(2) Residential Tenancies Act 1986 provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim. Because the landlord has not filed a counterclaim the bond is refunded in full to the tenant.

I should add that if the landlord had made a cross application for expenses it is unlikely that the Tribunal would have made an order for those expenses to be paid by the tenant because where the Tribunal declares the residential premises to be unlawful, it must not make an order for rent arrears or compensation against the tenant unless, having regard to the special circumstances of the case, it would be unjust not to make the order.. Exemplary damages

Amy Natalie Tkaczyk and Michael Hendrie claim the landlord has not lodged the bond with the Bond Centre within the required time. The information from the Bond Centre shows that the landlord did not lodge the bond.

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.

In the present case the Tribunal is unable to order exemplary damages because the tenants have not made an application for exemplary damages. Filing Fee

Because the tenant has been successful with the claim the filing fee of $27.00 is ordered to be paid by the landlord.

Reasons

Both parties attended the hearing.

The tenants have now applied for the bond. The evidence is that $1,400.00 was paid to the landlord for bond.

The landlord has a claim against the bond, but has not filed an application with Tenancy Services.

In the present case the Tribunal is unable to order exemplary damages because the tenants have not made an application for exemplary damages. Filing Fee

Because the tenant has been successful with the claim the filing fee of $27.00 is ordered to be paid by the landlord.

Tenancy Tribunal case 5070511 — Rent arrears at Unit/Flat 2, 8A Robinson Avenue, Holdens Bay, Rotorua

At a glance

Tenancy Tribunal case 5070511 — Rent arrears at Unit/Flat 2, 8A Robinson Avenue, Holdens Bay, Rotorua

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions