What was Tenancy Tribunal case 5438139 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5438139?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5438139?

The dispute type was not classified.

Where can I read the official tribunal order for case 5438139?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13604792-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5438139 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5438139?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5438139?

The dispute type was not classified.

Where can I read the official tribunal order for case 5438139?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13604792-Tribunal_Order_Redacted.pdf.

Unit/Flat 2, 15 Summermist Drive, Northpark, Auckland Tenancy Tribunal Case 5438139 — Tenancy dispute

Tenantcheck Insights

Reasons

All parties attended the hearing.

The tenants have applied for refund of the bond.

The landlord 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.

Should an order be made for the landlord to pay the filing fee?

The landlord disputed that he should have to pay the filing fee for this application.

The landlord stated that he had informed the Bond Centre in April that he did not dispute the release of the bond and therefore it was not necessary for the tenants to make this application. However the tenants made the application to the Tribunal in February and therefore the filing fee was paid months before the landlord agreed to release the bond.

The landlord also referred to a previous case and said that the tenants’ application for the bond should not have proceeded because there was an appeal pending. However that previous case did not involve a decision regarding the bond. It was a tenant application, not a landlord application. Therefore it was a valid that tenants applied for their the bond in February after the landlord had blocked the release of their bond.

Because the tenant has been successful with the claim the filing fee of $28.00 is ordered to be paid by the landlord. Suppression

The tenants have applied for name suppression. Section 95A(1) of the Residential Tenancies Act 1986 provides that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The tenants have substantially succeeded with the claim and therefore name suppression is granted.

Reasons

All parties attended the hearing.

The tenants have applied for refund of the bond.

The landlord has not filed a counterclaim with Tenancy Services.

Should an order be made for the landlord to pay the filing fee?

The landlord disputed that he should have to pay the filing fee for this application.

Because the tenant has been successful with the claim the filing fee of $28.00 is ordered to be paid by the landlord. Suppression

The tenants have substantially succeeded with the claim and therefore name suppression is granted.

Tenancy Tribunal case 5438139 — Tenancy dispute at Unit/Flat 2, 15 Summermist Drive, Northpark, Auckland

At a glance

Claims & awards

Tenancy Tribunal case 5438139 — Tenancy dispute at Unit/Flat 2, 15 Summermist Drive, Northpark, Auckland

At a glance

Claims & awards

Order

Reasons

Should an order be made for the landlord to pay the filing fee?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Should an order be made for the landlord to pay the filing fee?

Topics & place

Residential Tenancies Act sections

Frequently asked questions