What was the outcome of Tenancy Tribunal case 4779804?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4779804?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4779804?

The primary dispute was Rent arrears. Related themes: Exemplary damages, Boarding House.

Where can I read the official tribunal order for case 4779804?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10425374-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4779804?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4779804?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4779804?

The primary dispute was Rent arrears. Related themes: Exemplary damages, Boarding House.

Where can I read the official tribunal order for case 4779804?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10425374-Tribunal_Order.pdf.

Room 2, 8 Te Ra Place, Kaikohe 0405, Odyssey House Tenancy Tribunal Case 4779804 — Rent arrears

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Reasons

Mr Williams resided at 8 Te Ra Place from 10 November 2021 until 31 October 2023.

The application seeks refund of the bond and exemplary damages for failure to lodge the bond.

A Case Conference hearing took place by phone on 15 May 2024. The Adjudicator was unable to contact Mr Williams. The Adjudicator set the matter down for an in person hearing in Kaikohe.

That hearing took place today, 6 June 2024. Mr Turner attended the hearing on behalf of Northpoint Services Trust. There was no appearance by Mr Williams.

Mr Turner accepted that this was a boarding house tenancy.

Mr Turner submitted that although the tenancy agreement states that Mr Williams was required to pay a bond of $370.00, Northpoint has no record of ever receiving a bond from, or on behalf of, Mr Williams.

Mr Turner submitted that this was conveyed to Mr Williams when he asked for his bond at the end of the tenancy. He told Mr Williams that if he could provide some evidence that the bond was paid, Northpoint would gladly refund the bond to Mr Williams.

Mr Williams did not provide any evidence that the bond was paid to Northpoint.

The Residential Tenancies Act 1986 states that: Where any person pays to the landlord any amount by way of bond [...] the landlord shall, within 23 working days after the payment is made, forward the amount received to the [Bond Centre] 1

The landlord must refund the bond to the tenant at the end of the tenancy, unless the landlord has any proven claim for rent arrears, repairs, or other costs.

It is not proven that Northpoint Services Trust received any bond payment for Mr Williams’ tenancy.

If no bond is paid, there is no bond to forward to the Bond Centre, and bond to refund to the tenant.

It is not proven that Northpoint Services Trust breached any legal duties in respect of the bond. Therefore, the application must be dismissed.

Mr Williams sought name suppression in the application. The Tribunal must grant name suppression to any party that has wholly or substantially succeeded in the proceedings. Mr Williams has not succeeded in these proceedings. The Tribunal may grant name suppression to any party having regard to the interests of the party and to the public interest. Mr Williams did not provide any

Reasons

Mr Williams resided at 8 Te Ra Place from 10 November 2021 until 31 October 2023.

The application seeks refund of the bond and exemplary damages for failure to lodge the bond.

A Case Conference hearing took place by phone on 15 May 2024. The Adjudicator was unable to contact Mr Williams. The Adjudicator set the matter down for an in person hearing in Kaikohe.

That hearing took place today, 6 June 2024. Mr Turner attended the hearing on behalf of Northpoint Services Trust. There was no appearance by Mr Williams.

Mr Turner accepted that this was a boarding house tenancy.

Mr Williams did not provide any evidence that the bond was paid to Northpoint.

The landlord must refund the bond to the tenant at the end of the tenancy, unless the landlord has any proven claim for rent arrears, repairs, or other costs.

It is not proven that Northpoint Services Trust received any bond payment for Mr Williams’ tenancy.

If no bond is paid, there is no bond to forward to the Bond Centre, and bond to refund to the tenant.

It is not proven that Northpoint Services Trust breached any legal duties in respect of the bond. Therefore, the application must be dismissed.

Tenancy Tribunal case 4779804 — Rent arrears at Room 2, 8 Te Ra Place, Kaikohe 0405, Odyssey House

At a glance

Tenancy Tribunal case 4779804 — Rent arrears at Room 2, 8 Te Ra Place, Kaikohe 0405, Odyssey House

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions