Published tribunal order
Tenancy Tribunal case 4721070 — Tenancy dispute at Unit/Flat 301, 9 Byron Avenue, Takapuna, Auckland 0622,
Decided 19 Dec 2023 · Published 19 Dec 2023 · Application 4721070
Party names are redacted in the official published order.
Order
- Philip Carnaby must pay [The landlord/s] $3,786.46 immediately, calculated as shown in table below:
Reasons
- Both parties attended the hearing.
- The landlord sought monetary orders for water and electricity outgoings, as well as the bond which is yet to be paid (some 5 months after the tenancy started). The tenant confirmed the amounts as ordered.
- A request to vary the application to include termination was declined. The possibility of a further order seeking that remains an option.
- The tenant had no explanation for the outgoings not being paid. He is aware of the costs. He has told the landlord he has a bond of $2,250 still retained by his previous landlord/Bond Centre. The reason for that retention is uncertain. Mr Carnaby has declined the assistance of this landlord in having that bond transferred to this tenancy so it is for Mr Carnaby to immediately source and pay the bond amount that is overdue here. 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party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the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.
- The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.