Published tribunal order
Tenancy Tribunal case 4442120 — Tenancy dispute at 13 Neil Avenue, Te Atatu Peninsula, Auckland 0610
Decided 26 Sept 2023 · Published 26 Sept 2023 · Application 4442120
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal suppresses the Tenant’s name and identifying details.
- Shaojie Dong must refund the bond of $900.00 and reimburse the filing fee of $20.44 to [The tenant/s].
Reasons
- Initially [The tenant/s] sent [The tenant's representative] to attend the hearing for her. [The tenant's representative] advised he had lawful authority to act for [The tenant/s] as she was unwell at home.
- Earlier in the day the Tribunal received an email from [The tenant/s] stating she had another hearing at another court and seeking that matter to be adjourned. It was.
- The Tribunal was not prepared to continue the hearing on the basis of [The tenant's representative] speaking for [The tenant/s] as he was not a party to the tenancy but a business partner. [The tenant/s] was contacted by phone.
- [The tenant/s] confirmed she was only seeking a refund of the bond that she paid but was never lodged. She says the landlord is not picking up her calls.
- She said she took the 2 bedroom property through an online ad. She had a flatmate. She said she paid rent to the tenant and paid a bond to her.
- [The tenant/s] said she left the property in July 2022 and moved to [redacted].
- There was no written tenancy agreement. It appears this was a verbal agreement. Section 13C of the Residential Tenancies Act allows for agreements to be enforced even if not in writing.
- Having heard from [The tenant/s] and seeing evidence there was a bond paid. I make an order for [The tenant/s] to have her bond of $900.00 returned to her by Ms Dong.
- Because [The tenant/s] has been substantially successful in her application, I reimburse her filing fee of $20.44.
- [The tenant/s] initially sought suppression of her details. Having considered the case, and the public interest in bonds being lodged and refunded to tenants in the absence of any claim, I suppress the tenant’s details.