What was Tenancy Tribunal case 4781328 about?

This case concerned a cleanliness dispute.

How much money was awarded in case 4781328?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4781328?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4781328?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10160456-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4781328 about?

This case concerned a cleanliness dispute.

How much money was awarded in case 4781328?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4781328?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4781328?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10160456-Tribunal_Order_Redacted.pdf.

113 Hunter Drive, Awatoto, Napier 4110 Tenancy Tribunal Case 4781328 — Cleanliness

Tenantcheck Insights

Reasons

Both parties attended the hearing. The landlords appeared by teleconference.

The tenants seek refund of the bond.

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.

The landlords wish to claim against the bond, but have not filed a counterclaim with Tenancy Services. The file record shows the following notation on 18 January 2024, “Appears [landlords] may have their own claims regarding costs to clean the property after the tenants vacated, message to [landlords] to advise that if they have their own claims, they will need to lodge their own claim for them to be considered by the Tribunal.”

The landlords thought they had properly lodged a claim but in fact had sent an e-mail outlining their claims to the Bond Centre – which has the function of administering bonds, not determining disputes between parties.

In fairness, given that the landlords thought they had lodged their claim, opportunity was given for them to provide to the Tribunal today, the e-mail they had sent to the Bond Centre. That e-mail included evidence of their having hired a rug doctor and purchased carpet cleaning materials. Photographs were also attached to the e-mail but were from an inspection carried out by the landlord’s son and partner on 8 December 2023. As the tenancy ended on 12 January 2024, those photographs could not prove the condition of the premises when the tenants vacated.

As the claims are, in substance, the landlords’ claim against the tenants’ bond it is for the landlords to provide evidence to prove their claim. There being insufficient evidence before the Tribunal today to support those claims I must order payment of the bond to the tenants.

Given the landlords’ misunderstanding about what was required of them it is appropriate that this Order be limited to payment of the bond to the tenants. It does not amount to substantive findings on the landlords’ claims.

Either party is accordingly free to file further claims concerning the tenancy should they choose.

Because [The applicant/s] have succeeded with the claim I must reimburse the filing fee.

Reasons

Both parties attended the hearing. The landlords appeared by teleconference.

The tenants seek refund of the bond.

Either party is accordingly free to file further claims concerning the tenancy should they choose.

Because [The applicant/s] have succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4781328 — Cleanliness at 113 Hunter Drive, Awatoto, Napier 4110

At a glance

Tenancy Tribunal case 4781328 — Cleanliness at 113 Hunter Drive, Awatoto, Napier 4110

At a glance

Claims & awards

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions