Published tribunal order
Tenancy Tribunal case 4864524 — Tenancy dispute
Decided 12 Jul 2024 · Published 12 Jul 2024 · Application 4864524
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants’ names and identifying details.
- Manukau City Property Management must pay $1,790.44 to [tenants names suppressed] immediately, calculated as set out in the table below:
Reasons
- The tenants attended the hearing. The landlord did not.
- I am satisfied that the landlord had received proper notice of the hearing time, date and place and chose not to attend. I tried to call the landlord on the mobile number provided and got her voice mail. I left a message about how she could contact the remote registry to inform them she wanted to attend the hearing. I received an email from the landlord via remote tenancy after the hearing had ended which said “Im at hospital with my partner hes injured his arm. Im might miss the call. Please reschedule il send medical note soon. Email all hearing documents to mcpm.nz@gmail.comasking”.
- I have asked the remote registry to inform the landlord that the hearing had ended when I received her email and that she has a right to apply for a rehearing if she has a defence to the tenants claim that they are still owed $1,770.00 of their $2,280.00 bond paid to the landlord.
- The tenants have provided evidence that they paid $2,160.00 bond to Manukau City Property Management Limited when their tenancy commenced on 17 July 2020, and that when their rent was increased to $570.00, at the end of the first year of their tenancy, they were required to pay an additional $120.00 bond.
- The tenants have also proven that the landlord has unlawfully claimed all the tenants’ bond of $2,280.00 bond from the Bond Centre without them having signed the bond release form.
- The tenants have also proven the landlord has returned only $510.00 of their $2,280.00 bond.
- The tenants say they have been trying to get the landlord to pay them the reminder of the bond due to them, Param Kaur constantly gives excuses about why she cannot return the bond or not take the tenants call, such as being in hospital, being busy etc. This has resulted in a 7-month delay in them receiving the remainder of their bond back.
- The tenants say the landlord has promised to pay the remainder of the bond back when it receives the bond from the new tenants of the property. They say the property was re-tenanted very soon after their tenancy ended, and they have still not received their bond refund.
- The tenants also say the landlord has never provided them with a justifiable reason for not refunding the remainder of their bond, for why she unlawfully had the bond release to her by the Bond Centre and why she continues to refuse to refund them the remainder of the bond that she has no right to retain. Reimbursement of the filing fee
- Because [the applicants] has wholly succeeded with the claim I must reimburse the filing fee.