Published tribunal order
Tenancy Tribunal case 5357343 — Tenancy dispute at Unit/Flat Flat 2, 79 Molesworth Street, Taita, Lower Hutt
Published 10 February 2026 · Application 5357343
Tenant favoured
- Filing Fee
- Filing Fee Reimbursement
Order
Reasons
- Both parties attended the hearing by telephone.
- The tenant applied for refund of the bond. A hearing was held on 16 December 2025. At that hearing the landlord submitted a substantial amount of evidence but no cross application. The hearing was adjourned due to the late submission of evidence and a potential cross application.
- Between 16 December 2025 and the second hearing held on 10 February 2026 the landlord has not filed a cross application.
- 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.
- Because Eeshani Shetty, Matthew Linwood has wholly succeeded with the claim I must reimburse the filing fee.