What was Tenancy Tribunal case 4584130 about?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4584130?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4584130?

The dispute type was not classified.

Where can I read the official tribunal order for case 4584130?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9433423-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4584130 about?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4584130?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4584130?

The dispute type was not classified.

Where can I read the official tribunal order for case 4584130?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9433423-Tenancy_Tribunal_Order.pdf.

5 Foley Street, Kaitaia 0410 Tenancy Tribunal Case 4584130 — Tenancy dispute

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The Bond Centre is to pay the bond of $1,600.00 (3325057-012) to [The landlord/s] immediately.

Reasons

The tenancy terminated on 6 August 2022 pursuant to a mediated order.
This application was filed on 23 May 2023.
Notice of hearing must be served on both parties before the Tenancy Tribunal may determine an application 1 .
If a landlord files an application within a period of two months after the end of a tenancy, the notice may be served by posting it to the tenant’s address for service, or by email to the tenant’s email address if that email is specified as an address for service in the tenancy agreement 2 .
If a landlord files an application more than two months after the end of the tenancy, the notice can only be served on the tenant: 1 Section 91(1) Residential Tenancies Act 1986 (RTA) 2 Section 91A(1) RTA a. Personally; or b. By posting it to a contact address that the tenant has given to the landlord in writing within two months of the application; or c. By delivering it to the place that the tenant now lives and giving it to any person appearing to be more than 16; or d. By giving it to any solicitor or agent of the tenant authorised by the tenant to receive service on his or her behalf 3 .
If notice has not been served on the other party, and if the Tribunal is satisfied that all reasonable efforts have been made to serve notice, the Tribunal may: a. Direct an alternative method for service (substituted service); or b. Dispense with the requirement for service and proceed as if the notice has been served on the other party 4 .
In this instance: a. The long delay in filing the application was due to an oversight on Mr Dimbulane’s part. b. Mr Dimbulane has had no contact with Ms Maurangi since the end of the tenancy and he does not know where she is living.
Mr Dimbulane’s claim for vacated damages, rubbish removal (etc) totalling approximately $5,000.00 cannot proceed because notice has not been served on Ms Maurangi.
At the hearing today Mr Dimbulane stated that he was willing to amend his claim to seek only the bond ($1,600.00).
The Tenancy Tribunal must exercise its jurisdiction in a manner that is most likely to ensure the fair and expeditious resolution of disputes between landlords and tenants 5 .
I am satisfied that: a. Mr Dimbulane has proven costs and losses that the tenant is legally liable for, that exceed $1,600.00. b. Ms Maurangi has made no attempts to recover her bond after the end of the tenancy. c. It would be unjust to keep the bond at the Bond Centre indefinitely and to leave Mr Dimbulane uncompensated for the costs that he incurred due to Ms Maurangi causing damage to the property, failing to return her keys at 3 Section 91A(2) RTA 4 Section 91B RTA 5 Section 85(1) RTA the end of the tenancy, and leaving a substantial amount of rubbish at the property.
Therefore, I have made an order for the release of the bond to Mr Dimbulane, on the understanding that Mr Dimbulane has abandoned his claim for costs beyond the amount of $1,600.00.

Reasons

The tenancy terminated on 6 August 2022 pursuant to a mediated order.

This application was filed on 23 May 2023.

Notice of hearing must be served on both parties before the Tenancy Tribunal may determine an application 1 .

If a landlord files an application within a period of two months after the end of a tenancy, the notice may be served by posting it to the tenant’s address for service, or by email to the tenant’s email address if that email is specified as an address for service in the tenancy agreement 2 .

If a landlord files an application more than two months after the end of the tenancy, the notice can only be served on the tenant: 1 Section 91(1) Residential Tenancies Act 1986 (RTA) 2 Section 91A(1) RTA a. Personally; or b. By posting it to a contact address that the tenant has given to the landlord in writing within two months of the application; or c. By delivering it to the place that the tenant now lives and giving it to any person appearing to be more than 16; or d. By giving it to any solicitor or agent of the tenant authorised by the tenant to receive service on his or her behalf 3 .

If notice has not been served on the other party, and if the Tribunal is satisfied that all reasonable efforts have been made to serve notice, the Tribunal may: a. Direct an alternative method for service (substituted service); or b. Dispense with the requirement for service and proceed as if the notice has been served on the other party 4 .

In this instance: a. The long delay in filing the application was due to an oversight on Mr Dimbulane’s part. b. Mr Dimbulane has had no contact with Ms Maurangi since the end of the tenancy and he does not know where she is living.

Mr Dimbulane’s claim for vacated damages, rubbish removal (etc) totalling approximately $5,000.00 cannot proceed because notice has not been served on Ms Maurangi.

At the hearing today Mr Dimbulane stated that he was willing to amend his claim to seek only the bond ($1,600.00).

The Tenancy Tribunal must exercise its jurisdiction in a manner that is most likely to ensure the fair and expeditious resolution of disputes between landlords and tenants 5 .

I am satisfied that: a. Mr Dimbulane has proven costs and losses that the tenant is legally liable for, that exceed $1,600.00. b. Ms Maurangi has made no attempts to recover her bond after the end of the tenancy. c. It would be unjust to keep the bond at the Bond Centre indefinitely and to leave Mr Dimbulane uncompensated for the costs that he incurred due to Ms Maurangi causing damage to the property, failing to return her keys at 3 Section 91A(2) RTA 4 Section 91B RTA 5 Section 85(1) RTA the end of the tenancy, and leaving a substantial amount of rubbish at the property.

Therefore, I have made an order for the release of the bond to Mr Dimbulane, on the understanding that Mr Dimbulane has abandoned his claim for costs beyond the amount of $1,600.00.

Tenancy Tribunal case 4584130 — Tenancy dispute at 5 Foley Street, Kaitaia 0410

At a glance

Claims & awards

Tenancy Tribunal case 4584130 — Tenancy dispute at 5 Foley Street, Kaitaia 0410

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions