Published tribunal order
Tenancy Tribunal case 5470230 — Tenancy dispute
Decided 26 May 2026 · Published 26 May 2026 · Application 5470230
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 Tenants name and identifying details.
- The Landlord shall pay the Tenant $2028.00 immediately.
Reasons
- The Tenant attended the hearing. The Landlord did not appear.
- The Tenant has applied for refund of the bond following the end of the tenancy and reimbursement of the filing fee.
- The Landlord did not file an application to claim against the bond.
- Section 22B RTA provides: (1) 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. (2) If the tenant applies to the Tribunal and the landlord seeks payment of the bond in whole or in part, the landlord must file an application with the Tribunal that sets out the landlord’s counterclaim.
- The requirement for the landlord to file a counterclaim is mandatory. Therefore, because the landlord has not done so, the bond is refunded in full to the tenant. This does not prevent the landlord from filing a claim against the tenant at a later date. It just means that, if the landlord’s claim is successful, there is no bond to put towards any monetary award made.
- The Tenant submitted that she did not receive any receipt from the Landlord after paying the bond. When she enquired with Tenancy Services regarding whether they had received her bond, they could not find any record of this being lodged. It appears the Landlord has not filed the bond so the Landlord is ordered to refund this to the Tenant.
- As the Tenant has been wholly successful with their claim, name suppression is granted to the Tenant and the Landlord must reimburse the filing fee.