Published tribunal order
Tenancy Tribunal case 4627176 — Tenancy dispute at 48A Astley Avenue, New Lynn, Auckland 0600
Decided 11 Sept 2023 · Published 11 Sept 2023 · Application 4627176
- Filing Fee
Order
- No suppression orders apply around publication of this decision.
- [The landlord/s] must pay [The tenant/s] and [The tenant/s] $380.44 immediately, being overpayment of rent.
- The bond centre must release the bond immediately to the tenant.
Reasons
- Both parties attended this remote teleconference hearing.
- The tenant has applied for refund of the bond. The landlord has a claim against the bond, but has not filed a counterclaim with Tenancy Services.
- 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. As the landlord has not filed a counterclaim the bond is refunded in full to the tenant.
- The parties both accept that the tenant has paid one week more by way of rent than he was required to. The landlord says that he purchased the premises from the previous landlord with settlement of that purchase taking place on 2 June 2022.
- The tenant paid for one weeks rent on 2 June 2022 to the previous owner. The current landlord accepts that this is correct, but has been unable to obtain the rent money paid from that previous owner and says it is the tenant’s responsibility to do so.
- The landlord did not put forward any evidence of correspondence with the tenant, requiring the tenant to pay rent to a new account and confirming that he was the new owner.
- In my view, the landlord is responsible for obtaining the overpaid funds as part of his settlement with the previous owner.
- The tenant is entitled to payment of his overpaid rent. That rent was paid to the current landlord. This landlord is the current owner and is responsible for the tenant landlord relationship.
- As [The tenant/s], [The tenant/s] has wholly succeeded with the claim I must order the landlord to reimburse the filing fee.
- The landlord applied for name suppression. The landlord was neither wholly nor substantially successful in this matter and the application is dismissed.