Published tribunal order
Tenancy Tribunal case 4880626 — Tenancy dispute at Room 6 Top Floor, 121B New Windsor Road, New Windsor,
Decided 2 Aug 2024 · Published 2 Aug 2024 · Application 4880626
- Exemplary damages
- Filing Fee
Order
- The bond is to be refunded to [The tenant/s]’s immediately by Rentin Limited Murtaza Abbas.
Reasons
- Both parties attended the hearing. Background:
- This is a tenant application for refund of her bond. The landlord did not lodge the tenant’s bond with the bond centre and had the tenant sign an agreement that he would retain the money and not lodge it with the bond centre.
- A landlord has an obligation to abide by the Residential Tenancies Act 1986 (RTA), which requires the bond to be lodge with the bond centre.
- This is a tenant’s money, and they should have certainty that their money is safe. A landlord cannot ask a tenant to agree to something that is contrary to the RTA. The tenant has not applied for exemplary damages for the landlord’s failure to lodge her bond and for asking her to comply with terms that are contrary to the RTA.
- The landlord claimed to be working full time as a property manager. Therefore, it is incumbent on him to know the laws relating to residential tenancies.
- The tenant had signed a 6-month fixed term tenancy with the landlord. A copy of the Tenancy Agreement between the parties has been provided to the Tribunal.
- Paragraph 13 of the Tenancy Agreement categorically states that the contract shall terminate automatically if the visa of the tenant expires/rejected, and the tenant is no longer legally allowed to stay in New Zealand.
- The tenant’s visa was declined on 15 April 2024, and she was required to leave New Zealand, which she did.
- The landlord has not refunded the tenants bond to her and has not lodged a claim against the bond.
- The tenant has applied for refund of the bond. The landlord has a claim against the bond but has not filed a counterclaim with Tenancy Services.
- 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. Because the landlord has not filed a counterclaim the bond is refunded in full to the tenant.
- The bond is to be refunded immediately to the tenant.
- Because [The tenant/s] has wholly succeeded with the claim I must reimburse the filing fee.