Published tribunal order
Tenancy Tribunal case 5249935 — Tenancy dispute
Decided 6 Aug 2025 · Published 6 Aug 2025 · Application 5249935
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the [Tenant] name and identifying details.
- The Bond Centre is to release the bond of $920.00 to [the Tenant].
- Realty Waikato Limited Harcourts - tokoroa is to pay $150.00 to [the Tenant] for her costs in preparing for the hearing.
- Realty Waikato Limited Harcourts - tokoroa is to pay $28.00 to [the Tenant], the application filing fee.
Reasons
- Both parties attended the hearing.
- 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.
- I have assessed the merits of a possible counter-claim by the Landlord. I have seen the Tenant’s photographs and heard from both parties. I am not convinced the Landlord has a valid claim against the bond.
- The Tenant has wholly succeeded in her claim, and I grant her application for name suppression and reimburse her filing fee to her.
- The Tenant printed photographs for the hearing. Her daughter is to be commended for her diligence in taking photos prior to the commencement of the tenancy. I reimburse the costs of printing those photos: $150.00.