What was Tenancy Tribunal case 4749429 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4749429?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4749429?

The dispute type was not classified.

Where can I read the official tribunal order for case 4749429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9911494-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4749429 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4749429?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4749429?

The dispute type was not classified.

Where can I read the official tribunal order for case 4749429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9911494-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4749429 — Tenancy dispute

Tenantcheck Insights

Reasons

Both parties attended the hearing which was held by audio visual conference.

[Tenant 1] is a former tenant of this property. In September 2023 she ended her part in the tenancy pursuant to the family violence provisions in the Residential Tenancies Act 1986 (RTA).

At the time she agreed to sign the bond over to the other tenant [Tenant 2]. She had paid the bond in full when the tenancy commenced however when it came time for her to leave, she was not in a position to seek its return to her. She did say to [The property manager/s] that she would like the bond refunded to her when [Tenant 2]’s tenancy ended.

[The property manager/s] did tell [Tenant 1] in writing that they would only refund the bond to [Tenant 2] at the end of the tenancy if he had complied with all of his obligations under the RTA if it was in his full name. [Tenant 1] agreed to this when she signed the change of tenant forms.

Unfortunately, [Tenant 2] did not comply with his obligations, and he subsequently agreed to refund the bond to the landlord in part compensation for the costs it took to remedy his breaches.

[Tenant 1] would like the bond paid back to her now. Unfortunately however, as discussed at the hearing, her tenancy ended in September when she signed the change of tenant forms and the bond over to [Tenant 2]. Therefore, any issues the landlord had with the tenancy at the end in December were between them and [Tenant 2].

The Tenancy Tribunal only has jurisdiction over disputes between tenants and landlords. This is now an issue between [Tenant 1] and [Tenant 2], and therefore for the jurisdiction of the Disputes Tribunal. Accordingly, whilst I must dismiss [Tenant 1]’s application, she is entitled to file a claim with the Disputes Tribunal against [Tenant 2] for repayment of the money she used to pay the bond, that he in turn used to pay his debts.

Section 95A of the RTA requires the Tribunal to supress a party’s name or identifying details if that party was “wholly or substantially” successful and allows discretion whilst weighing up the parties’ interests and the public interest. Although [Tenant 1] was not successful in this application, there are matters in this situation that mean that it would be prejudicial to publish her name. Accordingly, I direct that both parties’ details are suppressed from the published order.

Reasons

Both parties attended the hearing which was held by audio visual conference.

[Tenant 1] is a former tenant of this property. In September 2023 she ended her part in the tenancy pursuant to the family violence provisions in the Residential Tenancies Act 1986 (RTA).

Unfortunately, [Tenant 2] did not comply with his obligations, and he subsequently agreed to refund the bond to the landlord in part compensation for the costs it took to remedy his breaches.

Tenancy Tribunal case 4749429 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4749429 — 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