What was the outcome of Tenancy Tribunal case 4899184?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4899184?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4899184?

The dispute type was not classified.

Where can I read the official tribunal order for case 4899184?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10769116-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4899184?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4899184?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4899184?

The dispute type was not classified.

Where can I read the official tribunal order for case 4899184?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10769116-Tenancy_Tribunal_Order.pdf.

148 Campbell Road, Greenlane, Auckland 1061 Tenancy Tribunal Case 4899184 — Tenancy dispute

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Reasons

The landlord attended the hearing which was conducted remotely. No contact could be made with the tenants at the one phone number provided. For reasons outlined below, only one attempt was made to reach the tenants.

The landlord is seeking a refund of the bond so that he can give it to tenants now in the property.

Although the application refers to this tenancy as a current tenancy, the landlord advised that none of the tenants listed in the application have lived at the premises since 26 October 2021. The copy of the tenancy agreement provided to the Tribunal lists 5 tenants, including the above 3 tenants. The bond information available to the Tribunal shows that the bond of $2700 is in the name of the five tenants.

The landlord said that the tenants moved out on 26 October 2021 and new tenants moved in. He said they paid the bond to the outgoing tenants. The landlord was sick at the time and so did not attend to the appropriate paperwork.

There have been further tenants since then. The landlord said that the current tenants have paid the outgoing tenants. He wants the bond released so that he can give it to the current tenants when they exit.

Section 22B(3) provides: (3) If, more than 2 months after the termination of a tenancy, the landlord seeks payment of a bond held in respect of that tenancy but does not have the agreement of the tenant, the landlord may apply to the Tribunal for an order determining to whom the bond, or any part of it, is to be paid.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

I am not satisfied that there is a current tenancy with any of the five tenants named in the tenancy agreement, nor that any of the five tenants named in the tenancy agreement (including the 3 tenants named in the application) have been served with this application.

The landlord provided no evidence of the names or bank accounts of the current tenants, a copy of any current tenancy agreement, evidence from the current tenants of any bond payments they have made and to whom on entering the tenancy.

There is insufficient evidence upon which to determine to whom the bond should be paid under section 22B(3).

Accordingly, the landlord’s claim is dismissed.

If the landlord, or tenants named in this application or the current tenants wish to file a further application with relevant evidence, this issue may be further considered.

Reasons

The landlord is seeking a refund of the bond so that he can give it to tenants now in the property.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

There is insufficient evidence upon which to determine to whom the bond should be paid under section 22B(3).

Accordingly, the landlord’s claim is dismissed.

If the landlord, or tenants named in this application or the current tenants wish to file a further application with relevant evidence, this issue may be further considered.

Tenancy Tribunal case 4899184 — Tenancy dispute at 148 Campbell Road, Greenlane, Auckland 1061

At a glance

Claims & awards

Tenancy Tribunal case 4899184 — Tenancy dispute at 148 Campbell Road, Greenlane, Auckland 1061

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions