Published tribunal order
Tenancy Tribunal case 4865761 — Tenancy dispute at Unit/Flat 2, 36 Rangatira Road, Birkenhead, Auckland 0626
Decided 12 Nov 2024 · Published 12 Nov 2024 · Application 4865761
- Exemplary damages
- Healthy homes
Party names are redacted in the official published order.
Order
- Seed Holdings Limited Nick Hoogwerfmust pay [The tenant/s] $4,000.44 immediately, calculated as shown in table below: DescriptionTenant Bond$3,980.00 Filing fee reimbursement$20.44 Total award$4,000.44 Total payable by Landlord to Tenant$4,000.44
Reasons
- The Tribunal must consider an application filed by the tenants at the end of the tenancy, seeking recovery of their bond. The tenants advised me that they paid a total of $3,980.00 of bond to the landlord at the start of the tenancy. However the landlord has failed to lodge that bond with the Bond Centre. The tenants seek an order that the bond be repaid to them.
- The tenants appeared at the hearing today, but there was no appearance by the landlord. I have no reason to believe that the landlord was not notified of the hearing, so I will proceed to consider this claim in the landlord’s absence.
- Section 22B of the Residential Tenancies Act 1986 applies, that provision confirms that: (1) If there is a dispute between the parties as to the payment of a bond, either party may apply to the Tribunal for an order determining to whom the bond, or any part of it, is to be paid. (2) If the tenant applies to the Tribunal and the landlord seeks payment of the bond in whole or in part, the landlord must file an application with the Tribunal that sets out the landlord’s counterclaim.
- The effect of this provision is that when the tenant applies to the Tribunal for release of the bond in whole or in part, if the landlord wishes to argue that it has any call on that bond, then the landlord “must” file a counterclaim for it. In the absence of a counterclaim, then the Tribunal must order that the bond be released to the tenants.
- For the above reasons, in the absence of a counterclaim from the landlord, the Tribunal orders that the full bond be refunded to the tenants.
- The Tribunal also orders refund of the filing fee paid by the tenants.
- The tenants have applied for name suppression. Because the tenants have been wholly successful, name suppression for them is granted.
- I conclude by noting that the tenants state they have other claims against the landlord, such as claims around exemplary damages for a breach of the Healthy Homes Standards, and failing to lodge the bond. The tenants advised that providing the bond is paid, they are likely to leave matters there. However if the bond is not refunded to them, they intend to pursue the other claims in the Tribunal, and of course, the tenants are able to do that.
- But in the event that the landlord fails to repay the bond and filing fee as I have ordered today, the tenants can apply to the Ministry of Justice to recover the debt from the landlord, more information can be obtained on that process here: https://www.justice.govt.nz/fines/about-civil-debt/