What was the outcome of Tenancy Tribunal case 4755889?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4755889?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4755889?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4755889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9994858-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4755889?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4755889?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4755889?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4755889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9994858-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 1, 44 Manse Road, Pahurehure, Papakura Tenancy Tribunal Case 4755889 — Rent arrears

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Reasons

The landlord attended the hearing, conducted via teleconference. The tenant could not be contacted at the time of the hearing.

This tenancy ended on 5 August 2022. I was satisfied, given the circumstances and efforts, to dispense with the requirement for service and proceed as if the notice or any other document had been served on the party in accordance with s91B(2)(c) Residential Tenancies Act 1986 Act. I continued with the hearing after the second call went unanswered.

The landlord is making no claim for rent arrears or compensation. The landlord is however seeking a refund do the bond.

Possession of the premises was granted via the Tenancy Tribunal. The tenant did not attend and no contact could be made. At the time no bond refund was done.

LinkPeople has not been able to contact the tenant via phone or email. A bond refund form was posted to a possible address but Tenancy Services confirmed that as at 07/02/2024 this has not been returned to them.

The landlord is applying to claim the bond so that it can be refunded via Crown Reconciliations to the tenant. The Law

Section 77(1) Residential Tenancies Act 1986 (“RTA”), setting out the jurisdiction of the Tribunal, provides: (1)The Tribunal has, subject to the Limitation Act 2010, jurisdiction to determine in accordance with this Act any dispute that— (a)exists between a landlord and a tenant or between a landlord and the guarantor of a tenant; and (b)relates to any tenancy to which this Act applies or to which this Act did apply at any material time.

Section 78 RTA sets out the orders that the Tribunal can make, none of which make provision for the order that landlord is seeking.

The current situation is that there is no dispute between the landlord and tenant to be determined.

The Bond is tenant’s money, and while I acknowledge the steps the landlord wishes to take, the bond can only be refunded to the tenant at their request or by order of the Tribunal following determination of a dispute.

The Tribunal does not have jurisdiction to make the order that the landlord is seeking and therefore the application is dismissed for lack of jurisdiction.

As the landlord has not been successful in their application, the request for name suppression is declined.