What was Tenancy Tribunal case 5178532 about?

The tribunal order states: The Bond Centre is to pay the bond of $2,320.00 ([Bond number suppressed])

How much money was awarded in case 5178532?

Agreed Deductions: $311.76 awarded to landlord; Rent Overpayment: $200.00 awarded to tenant

What type of tenancy dispute was case 5178532?

The dispute type was not classified.

Where can I read the official tribunal order for case 5178532?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12167902-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5178532 about?

The tribunal order states: The Bond Centre is to pay the bond of $2,320.00 ([Bond number suppressed])

How much money was awarded in case 5178532?

Agreed Deductions: $311.76 awarded to landlord; Rent Overpayment: $200.00 awarded to tenant

What type of tenancy dispute was case 5178532?

The dispute type was not classified.

Where can I read the official tribunal order for case 5178532?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12167902-Tribunal_Order_Redacted.pdf.

2E Lynbrooke Avenue, Blockhouse Bay, Auckland 0600 Tenancy Tribunal Case 5178532 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 5178532 — net $111.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Agreed deductions	$311.76		Agreed deductions
Rent overpayment		$200.00	Rent overpayment
Total award	$311.76	$200.00
Net award	$111.76
Total payable by Tenant to Landlord	$111.76

The Bond Centre is to pay the bond of $2,320.00 ([Bond number suppressed]) immediately apportioned as follows: Austar Property Services Limited As Agent For Darren Pigg Leena Khemani: $111.76 [The tenant/s]: $2,208.24

The parties have agreed that the tenants owe $311.76 in vacated costs. I am awarding the tenants the $200.00 in rent overpayments, as calculated and set out below:

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants name and identifying details.

Reasons

Both parties attended the hearing.

This is a tenant application seeking the refund of $200.00 they claim was owed to them and a refund of the bond after deducting an agreed sum of $311.76.

The tenancy was a 12 month fixed term tenancy that commenced on 5 January 2024 and terminated on 30 January 2025.

At the start of the tenancy the tenants paid $2520.00 in bond and $630.00 for one weeks rent. Through an error only $2320.00 was lodged at the bond centre by the landlord. The remaining $200.00 was put towards the rent.

Throughout the tenancy the tenants never incurred rent arrears and paid each week on time. This is not disputed by the landlord. The tenant provided completed bank statements covering the term of the tenancy which clearly show there were no rent arrears.

The tenants queried where their $200.00 had gone. The landlord said she took the $200.00 out of the rent ledger and so the tenants owe $200.00. The rent summary and bank statements are at odds and inconsistent with each other. Civil burden of proof

As with any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That means that it is for the party bringing the application (in this case, the tenants) to establish their claims “on the balance of probabilities”. That means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

As noted in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

I find that the tenants have proven their claim. I have detailed bank statements that show there were no rent arrears. The rent summary shows rent arrears for over 15 weeks. This is simply incorrect.

I acknowledge what the landlord is saying and that her rent summary is correct, but that is not what is reflected in the summary. There were entries that had split the rent paid and arrears that were incorrect.

The tenants have proven that they are owed $200.00 paid at the start of the tenancy.

The parties all agreed that the tenants owe the landlord $311.76 in costs associated with the ending of the tenancy.

The bond centre is to split the bond as follows: -$111.76 to the landlord -$2208.24 to tenants. = $2320.00

The tenants have applied for suppression of their names and identifying details and as they have been successful, I am granting suppression.

Claims and awards in Tenancy Tribunal application 5178532 — net $111.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Agreed deductions	$311.76		Agreed deductions
Rent overpayment		$200.00	Rent overpayment
Total award	$311.76	$200.00
Net award	$111.76
Total payable by Tenant to Landlord	$111.76

Order

The Bond Centre is to pay the bond of $2,320.00 ([Bond number suppressed]) immediately apportioned as follows: Austar Property Services Limited As Agent For Darren Pigg Leena Khemani: $111.76 [The tenant/s]: $2,208.24
The parties have agreed that the tenants owe $311.76 in vacated costs. I am awarding the tenants the $200.00 in rent overpayments, as calculated and set out below:
An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants name and identifying details.

Reasons

Both parties attended the hearing.
This is a tenant application seeking the refund of $200.00 they claim was owed to them and a refund of the bond after deducting an agreed sum of $311.76.
The tenancy was a 12 month fixed term tenancy that commenced on 5 January 2024 and terminated on 30 January 2025.
At the start of the tenancy the tenants paid $2520.00 in bond and $630.00 for one weeks rent. Through an error only $2320.00 was lodged at the bond centre by the landlord. The remaining $200.00 was put towards the rent.
Throughout the tenancy the tenants never incurred rent arrears and paid each week on time. This is not disputed by the landlord. The tenant provided completed bank statements covering the term of the tenancy which clearly show there were no rent arrears.
The tenants queried where their $200.00 had gone. The landlord said she took the $200.00 out of the rent ledger and so the tenants owe $200.00. The rent summary and bank statements are at odds and inconsistent with each other. Civil burden of proof
As with any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That means that it is for the party bringing the application (in this case, the tenants) to establish their claims “on the balance of probabilities”. That means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.
I find that the tenants have proven their claim. I have detailed bank statements that show there were no rent arrears. The rent summary shows rent arrears for over 15 weeks. This is simply incorrect.
I acknowledge what the landlord is saying and that her rent summary is correct, but that is not what is reflected in the summary. There were entries that had split the rent paid and arrears that were incorrect.
The tenants have proven that they are owed $200.00 paid at the start of the tenancy.
The parties all agreed that the tenants owe the landlord $311.76 in costs associated with the ending of the tenancy.
The bond centre is to split the bond as follows: -$111.76 to the landlord -$2208.24 to tenants. = $2320.00
The tenants have applied for suppression of their names and identifying details and as they have been successful, I am granting suppression.

Tenancy Tribunal case 5178532 — Tenancy dispute at 2E Lynbrooke Avenue, Blockhouse Bay, Auckland 0600

At a glance

Award balance

Tenancy Tribunal case 5178532 — Tenancy dispute at 2E Lynbrooke Avenue, Blockhouse Bay, Auckland 0600

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Frequently asked questions