What was Tenancy Tribunal case 4635952 about?

The tribunal order states: The Bond Centre is to pay the bond of $1,200.00 (3606469-003) to [The tenant/s] and [The tenant/s] immediately.

How much money was awarded in case 4635952?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4635952?

The dispute type was not classified.

Where can I read the official tribunal order for case 4635952?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9594811-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4635952 about?

The tribunal order states: The Bond Centre is to pay the bond of $1,200.00 (3606469-003) to [The tenant/s] and [The tenant/s] immediately.

How much money was awarded in case 4635952?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4635952?

The dispute type was not classified.

Where can I read the official tribunal order for case 4635952?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9594811-Tenancy_Tribunal_Order.pdf.

22 Ostend Road, Ostend, Waiheke Island 1081 Tenancy Tribunal Case 4635952 — Tenancy dispute

Tenantcheck Insights

Reasons

The Tribunal has received a claim filed by the landlord against the tenant(s). The claim relates to a range of damage to the premises at the end of the tenancy. The application has been filed late.

At the hearing today both the landlord and tenant(s) attended.

The landlord has applied for a range of compensation including for the carpet, a dishwasher and damage to the fireplace. I record that the tenants strongly dispute the landlord’s claims against them. However, at the hearing the evidence and arguments around this damage was not traversed, and I express no view at to the merits of the claims.

As discussed at the hearing, the problem for the landlord is that the claim has been filed out of time, and the tenants seek to rely on the claim being filed late as a defence.

At the hearing the parties appear to have agreed that the tenancy ended on 17 April 2017, albeit in the application to the Tribunal the landlord recorded that as 20 May 2017.

However the application to the Tribunal was not filed until 21 July 2023, that is more than 6 years after the tenancy ended, and after the landlord would have been aware of the damage that is the subject of this claim.

The Limitation Act 2010 applies, section 11 holds: (1) It is a defence to a money claim if the defendant proves that the date on which the claim is filed is at least 6 years after the date of the act or omission on which the claim is based (the claim’s primary period).

The tenants rely on this defence, which is complete defence to the landlord’s late claims against them. The landlord’s application is dismissed.

However, the tenants continue to have a bond in the Bond Centre, and they wish to have it returned. The bond is the tenants money, and given the landlord cannot obtain any order in relation to the bond, I order that the Bond Centre release the full bond to the Tenants.

Reasons

The Tribunal has received a claim filed by the landlord against the tenant(s). The claim relates to a range of damage to the premises at the end of the tenancy. The application has been filed late.

At the hearing today both the landlord and tenant(s) attended.

As discussed at the hearing, the problem for the landlord is that the claim has been filed out of time, and the tenants seek to rely on the claim being filed late as a defence.

At the hearing the parties appear to have agreed that the tenancy ended on 17 April 2017, albeit in the application to the Tribunal the landlord recorded that as 20 May 2017.

The tenants rely on this defence, which is complete defence to the landlord’s late claims against them. The landlord’s application is dismissed.

Tenancy Tribunal case 4635952 — Tenancy dispute at 22 Ostend Road, Ostend, Waiheke Island 1081

At a glance

Claims & awards

Tenancy Tribunal case 4635952 — Tenancy dispute at 22 Ostend Road, Ostend, Waiheke Island 1081

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