Published tribunal order
Tenancy Tribunal case 4472961 — Tenancy dispute
Decided 8 Nov 2023 · Published 8 Nov 2023 · Application 4472961
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and identifying details.
- The Bond Centre shall pay $1160.00 immediately to [Tenant 1]. The balance of the bond shall remain at the Bond Centre.
Reasons
- The Landlord, Applicant Tenant [Tenant 1] and second Tenant Mr Juhyeon Nam, attended the hearing by teleconference.
- [Tenant 1] has applied for a refund of her half of the bond. The bond deposited by both [Tenant 1] and Mr Nam was $2320.00 at the start of the tenancy. [Tenant 1] left the tenancy early on the grounds of [redacted] and the Landlord agreed to release her from the Tenancy Agreement. Mr Nam continued with the tenancy. [Tenant 1] was claiming the amount of $1160.00 from the bond.
- The landlord has a claim against the bond for rent arrears because [Tenant 1] terminated her tenancy early due to [redacted]. The Landlord has not filed a counterclaim with Tenancy Services for the refund of the bond.
- Mr Nam does not seek a refund of the bond as he acknowledged he did not pay rent in his last few weeks of the tenancy. He considers the full bond being $2320.00 should be refunded to the Landlord.
- 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, half of the bond should be refunded to [Tenant 1].
- As [Tenant 1] has wholly succeeded with the claim the Landlord must reimburse the filing fee and name suppression is granted to [Tenant 1]. No name suppression has been granted for the Landlord or Mr Nam as they were unsuccessful with their claim.