What was Tenancy Tribunal case 5462410 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 5462410?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5462410?

The dispute type was not classified.

Where can I read the official tribunal order for case 5462410?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13727937-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5462410 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 5462410?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5462410?

The dispute type was not classified.

Where can I read the official tribunal order for case 5462410?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13727937-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 908, 37 Symonds Street, Grafton, Auckland Tenancy Tribunal Case 5462410 — Tenancy dispute

Tenantcheck Insights

Reasons

The tenant attended the hearing.

The landlord’s agent did not attend the hearing. The Tribunal’s records confirm that the landlord’s agent was served with the Notice of Hearing.

The tenant has applied for refund of the bond. Section 22B(2) Residential Tenancies Act 1986 provides that, where a tenant applies for refund of the bond, and the landlord has not filed a counterclaim, the bond is to be refunded in full to the tenant.

The tenant provided evidence that he paid the bond of $1,600.00 to the landlord’s agent Haven on 1 July 2024 and that Haven went into liquidation on 13 March 2025.

The Bond Centre have confirmed that the bond was not paid to it in respect of this tenancy.

The bond was not therefore transferred to the landlord’s new agent One Place when appointed by the landlord.

The tenant is entitled to refund of the bond by the landlord. The bond was paid to the landlord’s agent. Under the definition of “landlord” in section 2 RTA, this means that the bond was paid to the landlord. The tenant has not been a party to any contractual agreement between his agent Haven and the landlord. The tenant has no claim against Haven. His claim is against the landlord.

The tenant does not need to wait until the landlord has received the bond money from Haven or its liquidator. That is an issue between those parties. The tenant is entitled to a refund from the landlord. It is not the tenant’s problem that the landlord chose an incompetent agent who did not pay the bond to the Bond Centre as legally required.

The landlord has a claim against Haven’s liquidator on the basis that the bond received by Haven was the tenant’s money and not Haven’s. It is not therefore an asset available to the liquidator.

In accordance with the general principles of the law and the substantial merits and justice of the case, it is appropriate to order the landlord to refund the full bond to the tenant immediately.

Reasons

The tenant attended the hearing.

The landlord’s agent did not attend the hearing. The Tribunal’s records confirm that the landlord’s agent was served with the Notice of Hearing.

The tenant provided evidence that he paid the bond of $1,600.00 to the landlord’s agent Haven on 1 July 2024 and that Haven went into liquidation on 13 March 2025.

The Bond Centre have confirmed that the bond was not paid to it in respect of this tenancy.

The bond was not therefore transferred to the landlord’s new agent One Place when appointed by the landlord.

In accordance with the general principles of the law and the substantial merits and justice of the case, it is appropriate to order the landlord to refund the full bond to the tenant immediately.

Tenancy Tribunal case 5462410 — Tenancy dispute at Unit/Flat Flat 908, 37 Symonds Street, Grafton, Auckland

At a glance

Claims & awards

Tenancy Tribunal case 5462410 — Tenancy dispute at Unit/Flat Flat 908, 37 Symonds Street, Grafton, Auckland

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions