What was Tenancy Tribunal case 5265659 about?

The tribunal order states: The Bond Centre is to pay the bond of $1,950.00 (6227398-005) to both tenants

How much money was awarded in case 5265659?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5265659?

The dispute type was not classified.

Where can I read the official tribunal order for case 5265659?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12090000-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5265659 about?

The tribunal order states: The Bond Centre is to pay the bond of $1,950.00 (6227398-005) to both tenants

How much money was awarded in case 5265659?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5265659?

The dispute type was not classified.

Where can I read the official tribunal order for case 5265659?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12090000-Tenancy_Tribunal_Order.pdf.

53F Doralto Road, Frankleigh Park, New Plymouth 4310 Tenancy Tribunal Case 5265659 — Tenancy dispute

Tenantcheck Insights

Reasons

Both parties attended the hearing.

The applicant, Ms Aplin, seeks the refund of the bond to her solely. She is one of two tenants in a tenancy that has now ended. The tenancy was with her partner from whom she is now separated.

Section 22B Residential Tenancies Act 1986 (RTA) provides that 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.

The landlord does not dispute the refund of the bond to the tenants – the reason why they are not refunding it is simply because of the lack of agreement between the tenants about who should get the money. The tenant says the landlord has done nothing wrong but she has come to the Tribunal not knowing what to do.

The applicant says she solely should have the bond because MSD loaned the money to her. She provided a document showing this. The bond lodgement form sets out that the applicant provided none of the bond and that the other tenant provided all of it. That form is signed by all tenants.

Bond money does not belong to a particular tenant in a joint tenancy rather it is held by the Bond Centre on behalf of all of the tenants as a whole.

Ms Aplin did not want the other tenant to be a part of these proceedings because she had concerns following the end of the relationship. However, as set out above the bond is held at the Bond Centre on behalf of both tenants.

I have therefore ordered the release of the Bond to both tenants on the record at the Bond Centre.

The Tribunal cannot apportion a bond between tenants and/or former tenants. The Tribunal only has jurisdiction to determine disputes between landlords and tenants, and not tenants inter between themselves.

The tenants must decide how to apportion it between themselves. If they cannot reach agreement, so that the bond is not held in a way in which they agree, they will need resolution elsewhere in a different forum (such as in the Disputes Tribunal or in conjunction with Relationship Property proceedings).

I consider that the applicant has not been wholly or substantially successful because her application was for the Tribunal to award her the entirety of the bond instead of the other tenant and this has not been the outcome. On this basis, and because on the evidence before me the landlord has always been willing to release the bond, I have not ordered the reimbursement of the filing fee. For the same reason I also decline to award the tenant name suppression which was requested on the application (s95A, RTA). The landlord did not seek suppression.

Reasons

Both parties attended the hearing.

The applicant, Ms Aplin, seeks the refund of the bond to her solely. She is one of two tenants in a tenancy that has now ended. The tenancy was with her partner from whom she is now separated.

Bond money does not belong to a particular tenant in a joint tenancy rather it is held by the Bond Centre on behalf of all of the tenants as a whole.

I have therefore ordered the release of the Bond to both tenants on the record at the Bond Centre.

Tenancy Tribunal case 5265659 — Tenancy dispute at 53F Doralto Road, Frankleigh Park, New Plymouth 4310

At a glance

Claims & awards

Tenancy Tribunal case 5265659 — Tenancy dispute at 53F Doralto Road, Frankleigh Park, New Plymouth 4310

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