Increased Exemplary Damages for Unlawful Acts

As part of the Residential Tenancies Amendments Act 2010 there has been an introduction of various new unlawful acts. The changes also increase the monetary jurisdiction of the Tenancy Tribunal from $12,000 to $50,000. These changes are expected to come in to force approx 1 October 2010. The maximum amounts that can now be awarded by the Tenancy Tribunal for unlawful acts are listed below:

Unlawful discrimination	$4000
Failing to appoint an agent	$1000
Requiring key money	$1000
Landlord requiring excess bond	$1000
Requiring unauthorised security	$1000
Breach of Landlord duties with bond	$1000
Landlord requiring more than 2 weeks rent in advance	$1000
Landlord requiring rent in excess of market rent	$200
Failure by Landlord to issue receipts	$200
Landlord seizing or disposing of tenants goods	$2000
Interference of tenants privacy	$2000
Tenant interfering with fire alarms escapes etc	$3000
Tenant failing to follow obligations at termination	$1000
Tenant using premise for unlawful purpose	$1000
Tenants harassment of neighbours	$2000
Tenant exceeding number of occupants	$1000
Tenant unlawful subletting/assignment	$1000
Landlord failure to meet health/safety/cleanliness/maintenance	$3000
Landlord interfering with supply of services	$1000
Changing locks without consent	$1000
Unlawful entry by Landlord	$1000
Abandonment with rent in arrears	$1000
Intentional breach of a work order	$3000
Contravening or evading provisions of the RTA	$1000

 
These amounts have been provided by The Tenancy Practice Service and are the maximum amounts that can be awarded to tenants and landlords. Property managers and landlords may now seek the above damages when applying to the Tribunal. It is likely the Tribunal will use its discretion when considering these claims based on individual merits of the cases.

Simon Allen
Allen Realty Ltd

For more information on tenancy and property management needs contact simonallen@allenrealty.co.nz or request a FREE PROPERTY CONSULTATION below.

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