Tenantcheck Insights · Case study
Tenancy Tribunal case 4990951 — Tenancy dispute at 40 Kestev Drive, Flat Bush, Auckland 2016
Decided 6 Nov 2024 · Published 6 Nov 2024 · Application 4990951
- Filing Fee
At a glance
Key facts from the published tribunal order.
Location
Auckland
Tribunal region
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- The Bond Centre is to pay the bond of $1,200.00 (71901124072) to [The tenant/s] immediately.
- Taylormade Property Management Limited As Agent For Owner is to reimburse the filing fee of $27.00 to [The tenant/s] immediately.
Reasons
- Both parties attended the hearing.
- Mr Gu makes a claim against the landlord seeking a refund of the bond he paid. He also claims that the landlord was in breach of s18 of the Residential Tenancies Act 1986 by requiring him to pay more than 4 weeks rent in bond, and in breach of s19 by failing to lodge the bond at the Bond Centre within 23 working days after the payment was made.
- I am ordering the bond to be refunded to Mr Gu pursuant to the provisions of s22B(2) of the Residential Tenancies Act 1986. That section provides that if the tenant applies to the Tribunal for the bond and the landlord seeks payment from the bond, then the landlord must file an application with the Tribunal that sets out the landlord’s counterclaim.
- The landlord has not filed an application and so the bond must go to Mr Gu.
- I am dismissing Mr Gu’s claim that the landlord was in breach of s18. This is because whatever rent was payable by Mr Gu was an internal matter between the tenants and so it is not possible to gauge whether the bond he paid was more than 4 weeks rent.
- I am also dismissing Mr Gu’s claim that the landlord breached s19. This is because Mr Gu altered the original bond form and so the bond could not be lodged until the correct bond form was signed. There was no evidence that there was any delay on the landlord’s part once the correct bond form as signed.
- I am ordering the landlord to reimburse the filing fee to the tenant because I consider that the tenant substantially succeeded with his claim. C ter Haar 06 November 2024