What was Tenancy Tribunal case 4761717 about?

The tribunal order states: [The landlord/s] is to pay [The tenant/s] $20.44 as reimbursement of the filing

How much money was awarded in case 4761717?

Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4761717?

The dispute type was not classified.

Where can I read the official tribunal order for case 4761717?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10503564-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4761717 about?

The tribunal order states: [The landlord/s] is to pay [The tenant/s] $20.44 as reimbursement of the filing

How much money was awarded in case 4761717?

Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4761717?

The dispute type was not classified.

Where can I read the official tribunal order for case 4761717?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10503564-Tribunal_Order_Redacted.pdf.

733 Aberdeen Road, Te Hapara, Gisborne, 4010 Tenancy Tribunal Case 4761717 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 4761717 — net $20.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20.44
Bond	$900.00
Total payable by Landlord to Tenant	$20.44

The hearing was held in two parts, on 8 February 2024 and on 2 May 2024. [Tenant 1] and [Tenant 2] attended the teleconference hearing on 8 February 2024 on behalf of the tenants. [Tenant 1] represented all the tenants at the second hearing on 2 May 2024. [The landlord/s] also attended both teleconference hearings.

The tenants have applied for refund of the bond. At the end of the tenancy, the landlord agreed to refund $3,100.00 of the $4,000.00 bond to the tenants. The parties disputed the return to the tenants of the remaining $900.00 of the bond. The landlord maintained that the tenants had damaged the television and should pay their insurance excess of $550.00, as well as pay $350.00 to replace a load of firewood that was used by the tenants. The tenants denied causing damage to the television and said there was no agreement for them to pay to replace any firewood, and that the firewood had been rotten anyway.

The first hearing on 8 February 2024 was adjourned for the landlord to have the opportunity to file response evidence and any cross application/counterclaim, at the landlord’s request. An Order and Directions dated 8 February 2024 was made by the Tribunal in this regard and was sent to the parties. The landlord subsequently filed evidence in response to the tenant’s claim. However, whilst the landlord has a claim against the bond, she has not filed a counterclaim with Tenancy Services.

Section 22B(2) Residential Tenancies Act 1986 (“RTA”) 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 balance of the bond remaining at $900.00 is refunded in full to the tenants.

The Bond Centre is to pay the balance of the bond of $900.00 to [The tenant/s], immediately. Filing fee

Because [The tenant/s] have been successful with the claim I must reimburse the filing fee. Suppression

All parties requested name suppression. As the tenants have been successful with the claim, they are entitled to name suppression. Therefore, I order that the tenants’ names and identifying details are not to be published. See section 95A(1) RTA.

Section 95A(4) RTA provides that 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 landlord attempted to negotiate with the tenants about the bond in good faith at the end of the tenancy and agreed to return $3,100.00 of the bond to the tenants early on. The dispute about the remaining bond was in relation to only two issues at the end of the tenancy. In the circumstances, I find that the landlord’s interests outweigh any public interest in publishing her name. Therefore, I order that the landlord’s name and identifying details are not to be published.

Claims and awards in Tenancy Tribunal application 4761717 — net $20.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20.44
Bond	$900.00
Total payable by Landlord to Tenant	$20.44

Order

[The landlord/s] is to pay [The tenant/s] $20.44 as reimbursement of the filing fee, immediately.
The Bond Centre is to pay the remaining bond of $900.00 to [The tenant/s] immediately.

Reasons

The hearing was held in two parts, on 8 February 2024 and on 2 May 2024. [Tenant 1] and [Tenant 2] attended the teleconference hearing on 8 February 2024 on behalf of the tenants. [Tenant 1] represented all the tenants at the second hearing on 2 May 2024. [The landlord/s] also attended both teleconference hearings.
The tenants have applied for refund of the bond. At the end of the tenancy, the landlord agreed to refund $3,100.00 of the $4,000.00 bond to the tenants. The parties disputed the return to the tenants of the remaining $900.00 of the bond. The landlord maintained that the tenants had damaged the television and should pay their insurance excess of $550.00, as well as pay $350.00 to replace a load of firewood that was used by the tenants. The tenants denied causing damage to the television and said there was no agreement for them to pay to replace any firewood, and that the firewood had been rotten anyway.
The first hearing on 8 February 2024 was adjourned for the landlord to have the opportunity to file response evidence and any cross application/counterclaim, at the landlord’s request. An Order and Directions dated 8 February 2024 was made by the Tribunal in this regard and was sent to the parties. The landlord subsequently filed evidence in response to the tenant’s claim. However, whilst the landlord has a claim against the bond, she has not filed a counterclaim with Tenancy Services.
Section 22B(2) Residential Tenancies Act 1986 (“RTA”) 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 balance of the bond remaining at $900.00 is refunded in full to the tenants.
The Bond Centre is to pay the balance of the bond of $900.00 to [The tenant/s], immediately. Filing fee
Because [The tenant/s] have been successful with the claim I must reimburse the filing fee. Suppression
All parties requested name suppression. As the tenants have been successful with the claim, they are entitled to name suppression. Therefore, I order that the tenants’ names and identifying details are not to be published. See section 95A(1) RTA.
Section 95A(4) RTA provides that 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 landlord attempted to negotiate with the tenants about the bond in good faith at the end of the tenancy and agreed to return $3,100.00 of the bond to the tenants early on. The dispute about the remaining bond was in relation to only two issues at the end of the tenancy. In the circumstances, I find that the landlord’s interests outweigh any public interest in publishing her name. Therefore, I order that the landlord’s name and identifying details are not to be published.

Tenancy Tribunal case 4761717 — Tenancy dispute at 733 Aberdeen Road, Te Hapara, Gisborne, 4010

At a glance

Award balance

Tenancy Tribunal case 4761717 — Tenancy dispute at 733 Aberdeen Road, Te Hapara, Gisborne, 4010

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions