What was the outcome of Tenancy Tribunal case 5413912?

The tribunal order states: The Bond Centre is to pay the bond of $1,780.00 (BN-00148852) to Steven John

How much money was awarded in case 5413912?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5413912?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5413912?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13444270-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5413912?

The tribunal order states: The Bond Centre is to pay the bond of $1,780.00 (BN-00148852) to Steven John

How much money was awarded in case 5413912?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5413912?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5413912?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13444270-Tenancy_Tribunal_Order.pdf.

6A Brechin Place, Wattle Downs, Auckland 2103 Tenancy Tribunal Case 5413912 — Exemplary damages

Order

The Bond Centre is to pay the bond of $1,780.00 (BN-00148852) to Steven John Bonney immediately. Background:
Both parties attended the hearing.
The applicant tells me that this tenancy was formalised on 29 May 2022. He says that he had previously resided at the property with his former partner and her son, and that the tenancy at that time was in her name. Following the end of that relationship, he remained in occupation of the property. After a period, he requested that the landlord formalise the tenancy in his own name following his former partner’s departure. He says that this occurred on 29 May 2022.
The landlord is Whitebridge Properties Limited. The applicant, Stephen John Bonney, dealt with the director of that company, John Goodrum, who has since passed away. The claim:
The applicant says that he signed a bond transfer form, and that the landlord received the bond but did not lodge it. He seeks a refund of the bond, recorded in the tenancy agreement as $1,780.00. The tenancy agreement states that it is not proof of receipt. He also claims $1,500.00 in exemplary damages for the alleged non-lodgement of the bond with the Bond Centre.
The applicant further says that on 24 November 2025 he received notice that the landlord intended to list the property for sale, and that if it were sold with vacant possession, 90 days’ notice would be given. He says that later that same day he was given 42 days’ notice to vacate the property. He submits that the change from 90 days’ notice to 42 days’ notice caused him significant stress, for which he seeks compensation of $1,500.00. The bond:
The tenancy agreement records the bond as $1,780.00 but expressly states that this is not confirmation of receipt of payment. The applicant confirms that he did not pay a bond to the landlord. Rather, he completed a bond transfer form with the previous tenants, without the landlord’s involvement. The bond transfer from provided is incomplete and it is not clear who was to provide it to the bond centre.
For a failure to lodge a bond to be established, the bond must first have been paid to the landlord. It is for the applicant to satisfy me, on the evidence, that the bond was both paid and not lodged. He has not provided evidence that any bond was paid to the landlord.
I accept that a bond had previously been paid by the former tenant, and that there was an arrangement between the applicant and the former tenant that this amount would be transferred. However, both parties confirm that the Bond Centre has no record of any bond having been lodged for this tenancy. The respondent has also provided correspondence from the former tenants indicating that they understood the bond would be transferred to the applicant, and that he would reimburse them. In the correspondence provided they say that, apart from a payment of $250.00 they have not received anything from the applicant.
In any event, that dispute bond is a matter between the applicant and the former tenants and is not relevant to the present proceedings.
If there was a bond paid and not lodged it appears to me that that is properly a dispute between the previous tenant and the respondent and unrelated to the applicant.
The Bond Centre currently holds $1,780.00 in the name of the applicant. This amount was lodged with the Bond Centre in January by the property manager. I am satisfied on the evidence that, when concerns were raised regarding the bond, the property manager withheld rental payments received until the amount equivalent to the bond had accumulated, and then lodged that amount with the Bond Centre. I have made an order for the refund of that bond. However, I am not satisfied that there has been any breach by the landlord in relation to a failure to lodge the bond, for the

Reasons

set out above.

The applicant’s claim for exemplary damages for non-lodgement is therefore dismissed. Compensation for stress:
In relation to the notice issue, I do not consider that the landlord’s initial indication that 90 days’ notice might be given, which was corrected later the same day to 42 days, justifies an award of $1,500 in compensation. While receiving notice to vacate is understandably stressful, the applicable notice periods are prescribed by the Residential Tenancies Act, and the landlord is entitled to issue notice in accordance with those provisions.
As such the claim for compensation for stress is also dismissed.

Order

The Bond Centre is to pay the bond of $1,780.00 (BN-00148852) to Steven John Bonney immediately. Background:
Both parties attended the hearing.
The applicant tells me that this tenancy was formalised on 29 May 2022. He says that he had previously resided at the property with his former partner and her son, and that the tenancy at that time was in her name. Following the end of that relationship, he remained in occupation of the property. After a period, he requested that the landlord formalise the tenancy in his own name following his former partner’s departure. He says that this occurred on 29 May 2022.
The landlord is Whitebridge Properties Limited. The applicant, Stephen John Bonney, dealt with the director of that company, John Goodrum, who has since passed away. The claim:
The applicant says that he signed a bond transfer form, and that the landlord received the bond but did not lodge it. He seeks a refund of the bond, recorded in the tenancy agreement as $1,780.00. The tenancy agreement states that it is not proof of receipt. He also claims $1,500.00 in exemplary damages for the alleged non-lodgement of the bond with the Bond Centre.
The applicant further says that on 24 November 2025 he received notice that the landlord intended to list the property for sale, and that if it were sold with vacant possession, 90 days’ notice would be given. He says that later that same day he was given 42 days’ notice to vacate the property. He submits that the change from 90 days’ notice to 42 days’ notice caused him significant stress, for which he seeks compensation of $1,500.00. The bond:
The tenancy agreement records the bond as $1,780.00 but expressly states that this is not confirmation of receipt of payment. The applicant confirms that he did not pay a bond to the landlord. Rather, he completed a bond transfer form with the previous tenants, without the landlord’s involvement. The bond transfer from provided is incomplete and it is not clear who was to provide it to the bond centre.
For a failure to lodge a bond to be established, the bond must first have been paid to the landlord. It is for the applicant to satisfy me, on the evidence, that the bond was both paid and not lodged. He has not provided evidence that any bond was paid to the landlord.
I accept that a bond had previously been paid by the former tenant, and that there was an arrangement between the applicant and the former tenant that this amount would be transferred. However, both parties confirm that the Bond Centre has no record of any bond having been lodged for this tenancy. The respondent has also provided correspondence from the former tenants indicating that they understood the bond would be transferred to the applicant, and that he would reimburse them. In the correspondence provided they say that, apart from a payment of $250.00 they have not received anything from the applicant.
In any event, that dispute bond is a matter between the applicant and the former tenants and is not relevant to the present proceedings.
If there was a bond paid and not lodged it appears to me that that is properly a dispute between the previous tenant and the respondent and unrelated to the applicant.
The Bond Centre currently holds $1,780.00 in the name of the applicant. This amount was lodged with the Bond Centre in January by the property manager. I am satisfied on the evidence that, when concerns were raised regarding the bond, the property manager withheld rental payments received until the amount equivalent to the bond had accumulated, and then lodged that amount with the Bond Centre. I have made an order for the refund of that bond. However, I am not satisfied that there has been any breach by the landlord in relation to a failure to lodge the bond, for the

Reasons

set out above.

The applicant’s claim for exemplary damages for non-lodgement is therefore dismissed. Compensation for stress:
In relation to the notice issue, I do not consider that the landlord’s initial indication that 90 days’ notice might be given, which was corrected later the same day to 42 days, justifies an award of $1,500 in compensation. While receiving notice to vacate is understandably stressful, the applicable notice periods are prescribed by the Residential Tenancies Act, and the landlord is entitled to issue notice in accordance with those provisions.
As such the claim for compensation for stress is also dismissed.

Tenancy Tribunal case 5413912 — Exemplary damages at 6A Brechin Place, Wattle Downs, Auckland 2103

At a glance

Tenancy Tribunal case 5413912 — Exemplary damages at 6A Brechin Place, Wattle Downs, Auckland 2103

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions