Published tribunal order
Tenancy Tribunal case 4638253 — Tenancy dispute at 95 Bishopdale Avenue, Bishopdale, Nelson 7011
Decided 21 Sept 2023 · Published 21 Sept 2023 · Application 4638253
Tenant favoured
- Filing Fee
Order
- No suppression orders apply around publication of this decision.
- Anton Mclean and Wendy Mclean must pay Alisha Quinn $1,304.69 immediately, calculated as shown in table below:
Reasons
- Both parties attended the hearing.
- 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. As the landlord has not filed a counterclaim the bond is refunded in full to the tenant.
- 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.
- As Alisha Quinn has wholly succeeded with the claim I must reimburse the filing fee.
- The landlord applied for name suppression. The landlord has not been wholly or substantially successful and the application is dismissed.