Published tribunal order
Tenancy Tribunal case 4590449 — Tenancy dispute at 27 Rubens Place, Burnside, Christchurch 8053
Decided 17 Jul 2023 · Published 17 Jul 2023 · Application 4590449
Tenant favoured
- Filing Fee
Order
- No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
- Rina Chetty is to pay $620.44 to Eric Home Lee immediately, being the bond of $600.00 and the application filing fee of $20.44.
Reasons
- The tenant attended the hearing, conducted via teleconference. His sister, Cara Lee also joined. She was a co-tenant although not named in the application.
- Two calls to the landlord went unanswered and to voicemail. After the first call, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call went unanswered.
- 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.
- It does not appear the landlord lodged the bond with the Bond Centre.
- There is a current bond for this address at the Bond Centre but it is for a great amount and in a different name. Application filing fee
- Because Eric Home Lee has wholly succeeded with the claim I must reimburse the filing fee.