Published tribunal order
Tenancy Tribunal case 4926578 — Tenancy dispute at Room 134, Unit/Flat Flat 134, 26 Te Taou Crescent,
Decided 9 Aug 2024 · Published 9 Aug 2024 · Application 4926578
Tenant favoured
- Filing Fee
Order
- The Jackie Hanara Rentals – Peter Paula must pay Jayasekara Mudiyanselage Geoffroy Larsen Jayasekara the sum of $1645.44 immediately for rent paid and reimbursement of filing fee, as calculated and set out below: DescriptionTenant Rent paid$1,625.00 Filing fee reimbursement$20.44 Total award$1,645.44 Total payable by Landlord to tenant$1,604.56
Reasons
- The tenant attended the hearing, the landlord did not appear.
- This is a tenant application to get the bond and one weeks rent he paid in advance to the landlord. Background:
- The tenant answered an advertisement on face book for an apartment to rent at Railway Hostel, 26 Te Taou Crescent Auckland CBD.
- The landlord and tenant had a meeting at the apartment and a tenancy agreement was prepared and sent to the tenant.
- The tenant paid $1625.00 into the bank account listed on the Tenancy agreement on 25 June 2024.
- An arrangement was made between the parties for the tenant to meet the landlord at 5.00pm on 26 June 2024 and obtain the keys for the apartment.
- The landlord did not appear and had not responded at all to calls or emails made by the tenant since 25 June 2024. The landline numbers on the tenancy agreement are incorrect and the purported office of Jackie Hanana Rentals appears to be the address of a restaurant.
- The tenant has made a complaint to his bank and to the New Zealand Police.
- It would appear that the tenant has been “scammed” out of his money.
- However, if I am incorrect, I find that the tenant has provided a signed Tenancy Agreement and proof of the bank transfer to the landlord’s account.
- I am satisfied that the tenant has proven their claim for the refund of the bond and one weeks rent as claimed.
- Because the tenant has been successful with their application, I must reimburse their filing fee.