What was Tenancy Tribunal case 4679051 about?

The tribunal order states: The tenant’s claim is dismissed.

How much money was awarded in case 4679051?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4679051?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4679051?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9617942-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4679051 about?

The tribunal order states: The tenant’s claim is dismissed.

How much money was awarded in case 4679051?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4679051?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4679051?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9617942-Tribunal_Order_Redacted.pdf.

12 Watt Street, Featherston, Featherston 5710 Tenancy Tribunal Case 4679051 — Rent arrears

Tenantcheck Insights

Reasons

Both parties attended a hearing on 6 October 2023. The hearing commenced as a remote hearing, but was adjourned briefly to allow the landlord to attend the Tribunal in person. On the basis of the landlord’s application and with the tenant’s agreement, I ordered termination of tenancy, rent arrears, reimbursement of filing fee and refund of bond.

The tenant had cross-applied for damages for the failure to lodge the bond. I heard evidence from both parties on this issue and reserved my decision.

The tenancy began on 18 January 2023. At the time, the tenant had been renting another property at Major Drive that was managed by the same property managers. The records of the last payment of rent on that property and the payment of rent and bond for this property got confused.

The landlord agrees that initially the bond for this property was not lodged because it had been applied to the previous property, putting that account into credit. The property manager said that the payment had been made with the annotation that it was for the previous property and that is how the error had occurred.

The tenant denied that he had done this. He said he had put the correct address when he made the payment.

Although by the time of the hearing, the bond had been located, and in fact was then applied to rent arrears, the issue is that for some time the tenant had not known where his bond was and it had not been lodged as is required by law. It raised the question of whether the landlord’s accounting processes had let them down and in turn caused consternation for the tenant. The ledger produced by the landlord shows that $2,300 was credited to Watt St on 18 January 2023. This was applied to rent.

The tenant produced bank statements that showed he had made a payment of $520 to Major Drive on 14 January and one of $575 for Watt St on 19 January. He had made other payments from a different bank account. During the hearing he said that he had incorrectly annotated one payment for Major Drive instead of Watt St, but that it was not the bond.

The tenant has not established that he made the payments with the correct notation and so on this occasion, I make no order against the landlord. The tenant’s claim is dismissed.

Reasons

The tenant had cross-applied for damages for the failure to lodge the bond. I heard evidence from both parties on this issue and reserved my decision.

The tenant denied that he had done this. He said he had put the correct address when he made the payment.

The tenant has not established that he made the payments with the correct notation and so on this occasion, I make no order against the landlord. The tenant’s claim is dismissed.

Tenancy Tribunal case 4679051 — Rent arrears at 12 Watt Street, Featherston, Featherston 5710

At a glance

Tenancy Tribunal case 4679051 — Rent arrears at 12 Watt Street, Featherston, Featherston 5710

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions