What was the outcome of Tenancy Tribunal case 5175231?

The tribunal order states: Lpm Property Management New Zealand Limited as Agent For Ben Duflou -

How much money was awarded in case 5175231?

Property Damage: $400.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5175231?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5175231?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11615514-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5175231?

The tribunal order states: Lpm Property Management New Zealand Limited as Agent For Ben Duflou -

How much money was awarded in case 5175231?

Property Damage: $400.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5175231?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5175231?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11615514-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 4, 218 Rintoul Street, Berhampore, Wellington Tenancy Tribunal Case 5175231 — Exemplary damages

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Unit/Flat Flat 4, 218 Rintoul Street, Berhampore, Wellington Tenancy Tribunal Case 5175231 — 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 5175231 — net $427.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Exemplary damages	$400.00	Exemplary damages
Net award	$427.00
Total payable by Landlord to Tenant	$427.00

Claims and awards for application 5175231 — net $427.00 NZD. Verify on MoJ.

Filing fee reimbursement

Amount: $27.00
Awarded to: Tenant
Reason: Filing fee reimbursement

Exemplary damages

Amount: $400.00
Awarded to: Tenant
Reason: Exemplary damages

Net award

Tenant $427.00

Total payable by Landlord to Tenant

Tenant $427.00

Claim types — money lines allowed on this order

Exemplary damages Filing Fee

Order

Lpm Property Management New Zealand Limited as Agent For Ben Duflou - Wera Investments Ltd must pay Marco Giovanni Costa $427.00 immediately.

Reasons

Both parties attended the hearing by telephone conference.
Mr Costa confirmed that since he filed the application, he has received a full refund of his bond.
Marco Giovanni Costa claims the landlord has not lodged the bond with the Bond Centre within the required time.
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 confirmed that they received the bond payment and Mr Cost provided evidence of the completed bond form dated 13 March 2024.This was not signed by the landlord.
The landlord agreed that due to an administrative error the bond payment made by Mr Costa was entered into their system and held in the tenant ledger trust account but was never recognised as a bond payment. The bond was never lodged with the bond centre.The tenancy ended on 4 February 2025 and the bond was refunded on 24 February 2025.
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.
The bond is the tenant’s money held by an independent body as a surety for end of tenancy claims. The tenant did not have the use or benefit of the money for almost a year as it was held in the tenant’s ledger.
The landlord is a professional property management company, and this discrepancy should have been picked up. It is in the interests of tenants that the landlord complies with the requirements of the RTA. I am satisfied that it is just to award exemplary damages of $400.00.
Because Marco Giovanni Costa 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 5175231 — net $427.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Exemplary damages	$400.00	Exemplary damages
Net award	$427.00
Total payable by Landlord to Tenant	$427.00

Claims and awards for application 5175231 — net $427.00 NZD. Verify on MoJ.

Filing fee reimbursement

Amount: $27.00
Awarded to: Tenant
Reason: Filing fee reimbursement

Exemplary damages

Amount: $400.00
Awarded to: Tenant
Reason: Exemplary damages

Net award

Tenant $427.00

Total payable by Landlord to Tenant

Tenant $427.00

Claim types — money lines allowed on this order

Exemplary damages Filing Fee

Order

Lpm Property Management New Zealand Limited as Agent For Ben Duflou - Wera Investments Ltd must pay Marco Giovanni Costa $427.00 immediately.

Reasons

Both parties attended the hearing by telephone conference.
Mr Costa confirmed that since he filed the application, he has received a full refund of his bond.
Marco Giovanni Costa claims the landlord has not lodged the bond with the Bond Centre within the required time.
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 confirmed that they received the bond payment and Mr Cost provided evidence of the completed bond form dated 13 March 2024.This was not signed by the landlord.
The landlord agreed that due to an administrative error the bond payment made by Mr Costa was entered into their system and held in the tenant ledger trust account but was never recognised as a bond payment. The bond was never lodged with the bond centre.The tenancy ended on 4 February 2025 and the bond was refunded on 24 February 2025.
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.
The bond is the tenant’s money held by an independent body as a surety for end of tenancy claims. The tenant did not have the use or benefit of the money for almost a year as it was held in the tenant’s ledger.
The landlord is a professional property management company, and this discrepancy should have been picked up. It is in the interests of tenants that the landlord complies with the requirements of the RTA. I am satisfied that it is just to award exemplary damages of $400.00.
Because Marco Giovanni Costa has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5175231 — Exemplary damages at Unit/Flat Flat 4, 218 Rintoul Street, Berhampore, Wellington

At a glance

Tenancy Tribunal case 5175231 — Exemplary damages at Unit/Flat Flat 4, 218 Rintoul Street, Berhampore, Wellington

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