What was the outcome of Tenancy Tribunal case 4897320?

The tribunal order states: The Bond Centre is to pay the bond of $2,733.83 (5863607-002) to Katherine

How much money was awarded in case 4897320?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4897320?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4897320?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10963218-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4897320?

The tribunal order states: The Bond Centre is to pay the bond of $2,733.83 (5863607-002) to Katherine

How much money was awarded in case 4897320?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4897320?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4897320?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10963218-Tenancy_Tribunal_Order.pdf.

4 Evelyn Place, Papamoa Beach, Tauranga 3118 Tenancy Tribunal Case 4897320 — Property damage

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Reasons

The landlords attended the hearing; the tenant did not attend.

The landlords have applied for refund of the bond more than two months after the end of the tenancy.

The tenancy ended on 4 October 2023, and the landlords obtained a forwarding address for the tenant later that month. A search of the Tenancy Services website shows that the tenant’s occupancy at the new address ended on 19 January 2024. The landlords did not file their application until 24 May 2024. Therefore, the address provided does not comply with the service requirements in s 91A(2) Residential Tenancies Act 1986.

The Tribunal can however dispense with service under s 91B(2)(c) RTA.

The landlords say the tenant was responsible for just under $37,000.00 of damage. The damage was assessed for an insurance claim, and 27 excesses of $700.00 each were applied to the claim, totalling $18,900.00.

Applying the principles in s 49B RTA, a tenant’s liability for careless damage is limited to the lesser of the insurance excess or 4 weeks’ rent. Taking into account the insurance assessor’s report and photographs, and the oral evidence given by the landlords, it is abundantly clear that the amount of damage caused far exceeds the amount of the bond, which is equivalent to just under 4 of the excesses applied.

In the circumstances, and in the absence of any claim against the bond by the tenant, it reasonable to refund the balance of the bond to the landlords to finalise all matters.

For the sake of completeness, I note that the information provided by the Bond Centre initially suggested that the balance of the bond available was $2,317.66. The original amount held was $3,150.00 and the Tribunal has previously ordered a refund of $416.17, leaving a balance of $2,733.83. Due an administrative issue, the deduction was effectively recorded against the bond twice. This was clarified with the Bond Centre at the hearing and the correct amount confirmed. J P Smith 17 October 2024

Reasons

The landlords attended the hearing; the tenant did not attend.

The landlords have applied for refund of the bond more than two months after the end of the tenancy.

The Tribunal can however dispense with service under s 91B(2)(c) RTA.

In the circumstances, and in the absence of any claim against the bond by the tenant, it reasonable to refund the balance of the bond to the landlords to finalise all matters.

Tenancy Tribunal case 4897320 — Property damage at 4 Evelyn Place, Papamoa Beach, Tauranga 3118

At a glance

Tenancy Tribunal case 4897320 — Property damage at 4 Evelyn Place, Papamoa Beach, Tauranga 3118

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions