Published tribunal order
Tenancy Tribunal case 4704189 — Tenancy dispute at Unit/Flat 3, 8 Hooker Place, Papatoetoe, Auckland 2025
Decided 23 Nov 2023 · Published 23 Nov 2023 · Application 4704189
Party names are redacted in the official published order.
Order
- Bbs Property Limited is to pay $1,840.00 to [The tenant/s] immediately, being $1,840.00 bond and $20.44 application filing fee.
Reasons
- Both parties attended the hearing. Shelly Ram appeared for the landlord.
- 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.
- The tenant was seeking refund of the bond money paid to the landlord at the start of the tenancy. The tenant claimed that they paid the sum of $2300.00 as a bond to the landlord. However, the tenants acknowledged that included one week of rent. The actual bond was $1840.00. It was never lodged with the Bond Centre and the excuse for not doing this was unacceptable.
- 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. Because the landlord has not filed a counterclaim the bond is refunded in full to the tenant.
- As the landlord did not lodge the bond with the bond centre, the cost of the refund of the money paid to the landlord for the bond will be paid immediately by the landlord to the tenant directly. Application filing fee
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
- Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
- Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
- The tenants requested suppression in the application. As the tenants have been wholly successful, suppression is ordered.