What was Tenancy Tribunal case 5060012 about?

The tribunal order states: The Bond Centre shall pay the Tenant $1920.00 immediately.

How much money was awarded in case 5060012?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5060012?

The dispute type was not classified.

Where can I read the official tribunal order for case 5060012?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11473178-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5060012 about?

The tribunal order states: The Bond Centre shall pay the Tenant $1920.00 immediately.

How much money was awarded in case 5060012?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5060012?

The dispute type was not classified.

Where can I read the official tribunal order for case 5060012?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11473178-Tenancy_Tribunal_Order.pdf.

15C Beaumont Street, Hamilton East, Hamilton 3216 Tenancy Tribunal Case 5060012 — Tenancy dispute

Order

The Bond Centre shall pay the Tenant $1920.00 immediately.
The Tenants claim for compensation is dismissed.

Reasons

Both parties attended the hearing by video.
The Tenant has applied for refund of the bond and compensation for excess rent.
The Tenant provided tenancy agreements which showed the term of the tenancy was from 23 September 2023 to 23 February 2025. This was amended on 16 February 2024 for the tenancy to commence on 30 September 2023 to 23 February 2025. The rent in the tenancy agreement equated to $480.00 per week. Refund of the bond
The tenant has applied for refund of their bond following the end of the tenancy.
At the hearing the landlord made a claim against the bond. However, the landlord did not file an application with Tenancy Services.
Section 22B RTA provides: (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 requirement for the landlord to file a counterclaim is mandatory. Therefore, because the landlord has not done so, the bond is refunded in full to the tenant. This does not prevent the landlord from filing a claim against the tenant at a later date. It just means that, if the landlord’s claim is successful, there is no bond to put towards any monetary award made. Compensation for excess rent
The Tenant claimed she was charged excess rent because she took over the previous Tenant's tenancy, and the Landlord unlawfully raised the rent to $480 per week. The previous rent was $465 in March 2023. She sought a refund of $15 per week for the period she was charged the higher rent.
The Tenant also asserted that the Landlord could not raise the rent twice within a year. Additionally, she claimed the Landlord pressured her into signing a one- year lease from February 2024, despite her preference not to do so, promising no rent increase if she agreed.
The Tenant was also dissatisfied with the Landlord’s lack of effort in finding replacement Tenants to expedite the termination of her tenancy.
The Landlord disputed the claim for excess rent. They submitted the Tenant signed up to a new tenancy in September 2023 which was fixed to February 2024. It was never an assignment in tenancy. The Law
An assignment occurs where the tenant (the assignor) arranges for someone else (the assignee) to be the tenant in the assignor’s place. The assignor then has nothing more to do with the tenancy 1 . 1 Residential Tenancy Law in NZ, 2018 at [3.10]
In considering the evidence, I am not convinced there was an assignment of tenancy but consider this is a situation where the Tenant entered into a new Tenancy Agreement in September 2023. It was not an extension of the tenancy whereby the Tenant should be charged $465.00 per week. There is no evidence in the Tenancy Agreement that the tenancy was assigned from the previous Tenant either. The Tenant had the option to enter into the new tenancy, and the Landlord was entitled to raise the rent. Should they disagree with the increased rent, they could simply choose not to sign the agreement.
The claim for compensation for higher rent is therefore dismissed.
As neither party has sought name suppression, this has not been granted to either party.

Reasons

Both parties attended the hearing by video.

The Tenant has applied for refund of the bond and compensation for excess rent.

The Tenant provided tenancy agreements which showed the term of the tenancy was from 23 September 2023 to 23 February 2025. This was amended on 16 February 2024 for the tenancy to commence on 30 September 2023 to 23 February 2025. The rent in the tenancy agreement equated to $480.00 per week. Refund of the bond

The tenant has applied for refund of their bond following the end of the tenancy.

At the hearing the landlord made a claim against the bond. However, the landlord did not file an application with Tenancy Services.

Section 22B RTA provides: (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 requirement for the landlord to file a counterclaim is mandatory. Therefore, because the landlord has not done so, the bond is refunded in full to the tenant. This does not prevent the landlord from filing a claim against the tenant at a later date. It just means that, if the landlord’s claim is successful, there is no bond to put towards any monetary award made. Compensation for excess rent

The Tenant claimed she was charged excess rent because she took over the previous Tenant's tenancy, and the Landlord unlawfully raised the rent to $480 per week. The previous rent was $465 in March 2023. She sought a refund of $15 per week for the period she was charged the higher rent.

The Tenant also asserted that the Landlord could not raise the rent twice within a year. Additionally, she claimed the Landlord pressured her into signing a one- year lease from February 2024, despite her preference not to do so, promising no rent increase if she agreed.

The Tenant was also dissatisfied with the Landlord’s lack of effort in finding replacement Tenants to expedite the termination of her tenancy.

The Landlord disputed the claim for excess rent. They submitted the Tenant signed up to a new tenancy in September 2023 which was fixed to February 2024. It was never an assignment in tenancy. The Law

An assignment occurs where the tenant (the assignor) arranges for someone else (the assignee) to be the tenant in the assignor’s place. The assignor then has nothing more to do with the tenancy 1 . 1 Residential Tenancy Law in NZ, 2018 at [3.10]

In considering the evidence, I am not convinced there was an assignment of tenancy but consider this is a situation where the Tenant entered into a new Tenancy Agreement in September 2023. It was not an extension of the tenancy whereby the Tenant should be charged $465.00 per week. There is no evidence in the Tenancy Agreement that the tenancy was assigned from the previous Tenant either. The Tenant had the option to enter into the new tenancy, and the Landlord was entitled to raise the rent. Should they disagree with the increased rent, they could simply choose not to sign the agreement.

The claim for compensation for higher rent is therefore dismissed.

As neither party has sought name suppression, this has not been granted to either party.

Tenancy Tribunal case 5060012 — Tenancy dispute at 15C Beaumont Street, Hamilton East, Hamilton 3216

At a glance

Claims & awards

Tenancy Tribunal case 5060012 — Tenancy dispute at 15C Beaumont Street, Hamilton East, Hamilton 3216

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions