What was Tenancy Tribunal case 4897081 about?

The tribunal order states: The Bond Centre is to pay the bond of $4,600.00 ([Bond number suppressed]) to

How much money was awarded in case 4897081?

Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4897081?

The dispute type was not classified.

Where can I read the official tribunal order for case 4897081?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10797787-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4897081 about?

The tribunal order states: The Bond Centre is to pay the bond of $4,600.00 ([Bond number suppressed]) to

How much money was awarded in case 4897081?

Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4897081?

The dispute type was not classified.

Where can I read the official tribunal order for case 4897081?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10797787-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4897081 — Tenancy dispute

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4897081 — 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	$4,600.00
Total payable by Landlord to Tenant	$20.44

Only the tenants attended the hearing. The Tribunal was also assisted by [The interpreter]. The landlord did not attend at the scheduled time. The start of the hearing was delayed, however, there was still no appearance by the landlord. As the landlord had been notified, the hearing proceeded.

This tenancy began on 13 October 2023 and ended on 18 April 2024.

The tenants have applied for refund of the bond. In their application, the tenants outlined their concerns about claims made by the landlord against the bond. However, as at the date of the hearing, the landlord has not filed a counterclaim with Tenancy Services.

At the hearing, the tenants provided detailed evidence regarding their experience with the landlord. They state the landlord did not reply to their emails and calls in response to their concerns about the premises, including the levels of moisture, their need to keep the dehumidifier running 24 hours a day, and the resulting high power bills. Their health was affected, and [The tenant/s] needed hospital treatment. They felt the landlord was imposing onerous cleaning requirements on them, and emails sent by the landlord with cleaning instructions was provided. They also believe they were being monitored through the security cameras installed in the premises.

The tenants provided photographic and documentary evidence. They state they cleaned the premises to a high standard at the end of the tenancy. They did additional cleaning at the start of the tenancy and gardening work (trimming). There were other issues raised by the landlord about a sofa, which did not belong to them, and was there from the start of the tenancy. They have since found this sofa at a charity shop.

The tenants have clarified that they were not seeking compensation or exemplary damages from the landlord. Their primary concern was for the return of their bond in full. There was also an additional week’s rent, but evidence of their rent payments to the landlord has not been provided, so this is not awarded.

Should the bond be refunded?

The bond is money paid under a tenancy agreement as security for the performance of the tenant’s obligations under the tenancy agreement and the Residential Tenancies Act 1986 (the RTA). 1 The bond is the tenant’s money.

Section 22B(2) of the 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.

In this case, the landlord has not filed a counterclaim. Consequently, the bond is refunded in full to the tenants. 1 Section 2(1) definition of “bond” Filing fee

Because the tenants have been successful, the landlord is to pay the tenants’ filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 4897081 — 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	$4,600.00
Total payable by Landlord to Tenant	$20.44

This tenancy began on 13 October 2023 and ended on 18 April 2024.

Should the bond be refunded?

In this case, the landlord has not filed a counterclaim. Consequently, the bond is refunded in full to the tenants. 1 Section 2(1) definition of “bond” Filing fee

Because the tenants have been successful, the landlord is to pay the tenants’ filing fee.

Tenancy Tribunal case 4897081 — Tenancy dispute

At a glance

Tenancy Tribunal case 4897081 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Should the bond be refunded?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the bond be refunded?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions