What was Tenancy Tribunal case 4627549 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4627549?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4627549?

The dispute type was not classified.

Where can I read the official tribunal order for case 4627549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9297477-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4627549 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4627549?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4627549?

The dispute type was not classified.

Where can I read the official tribunal order for case 4627549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9297477-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4627549 — Tenancy dispute

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4627549. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ession of the Tenants’ and Landlord’s name and identifying details. 2. BY CONSENT [The landlord/s] will pay to the Bond	$2,320.00		ession of the Tenants’ and Landlord’s name and identifying details. 2. BY CONSENT [The landlord/s] will pay to the Bond

Both parties attended the hearing. The landlord attended by telephone.

Only one of the tenants named on the tenancy agreement was named on the application. However, the second tenant attended the hearing and was added as a party.

The tenants have applied to the Tribunal following concerns about their bond. Their tenancy is due to end very shortly. The bond has not been lodged at the Bond Centre despite it being paid by the tenants on 11 November 2022 (section 19, Residential Tenancies Act 1986 (RTA)).

The tenant and landlord agree that the company employed by the landlord as his agent to manage the property has gone into liquidation. It was agreed that the bond paid by the tenants to the property manager of $2,320 has never been filed at the Bond Centre as required by the RTA.

The landlord says the property manager has taken the bond as well as rent. The landlord presently has an ongoing claim in the liquidation.

The contractual relationship (as set out in the tenancy agreement) is between the tenant and the landlord. I am satisfied that the landlord is the party ultimately responsible for the safe keeping of the bond and the lodging of the bond at the Bond Centre. If there is no reason to retain the bond at the end of the tenancy it is the landlord’s responsibility to return the bond. The landlord cannot rely on the fact the property manager has failed to lodge it and cannot rely on the fact that he does not have it.

The landlord has employed a new property manager. They will do a final inspection and if all is in order the landlord agrees the bond will be returned.

To preserve the tenants’ position the landlord agreed to lodge the bond of $2,320 with the Bond Centre.

The tenants’ application was also bought against the property management company. However, a claim against a company in liquidation must be stayed (this means it cannot proceed). The Tribunal has therefore proceeded in this matter with the landlord (rather than the property manager) as the correct party.

Both parties requested suppression of their identifying details. I award this to both parties. The parties were able to agree what would happen in relation to the bond. This outcome could have been reached in mediation, which is confidential to the parties, but it was expedient to deal with it at the hearing. It is in the public interest that parties can resolve their disputes amicably particularly in an unusual situation such as this (s 95A, RTA).

Reasons

Claims and awards in Tenancy Tribunal application 4627549. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ession of the Tenants’ and Landlord’s name and identifying details. 2. BY CONSENT [The landlord/s] will pay to the Bond	$2,320.00		ession of the Tenants’ and Landlord’s name and identifying details. 2. BY CONSENT [The landlord/s] will pay to the Bond

Both parties attended the hearing. The landlord attended by telephone.

Only one of the tenants named on the tenancy agreement was named on the application. However, the second tenant attended the hearing and was added as a party.

The landlord says the property manager has taken the bond as well as rent. The landlord presently has an ongoing claim in the liquidation.

The landlord has employed a new property manager. They will do a final inspection and if all is in order the landlord agrees the bond will be returned.

To preserve the tenants’ position the landlord agreed to lodge the bond of $2,320 with the Bond Centre.

Tenancy Tribunal case 4627549 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4627549 — Tenancy dispute

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