What was the outcome of Tenancy Tribunal case 4962794?

The tribunal order states: The Bond Centre is to pay the bond of $1,362.00 (6301370-002) to Luke Xavier

How much money was awarded in case 4962794?

Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 4962794?

The dispute type was not classified.

Where can I read the official tribunal order for case 4962794?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11027880-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4962794?

The tribunal order states: The Bond Centre is to pay the bond of $1,362.00 (6301370-002) to Luke Xavier

How much money was awarded in case 4962794?

Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 4962794?

The dispute type was not classified.

Where can I read the official tribunal order for case 4962794?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11027880-Tribunal_Order.pdf.

46 Tahatai Road, Oneroa, Waiheke Island 1081 Tenancy Tribunal Case 4962794 — Tenancy dispute

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46 Tahatai Road, Oneroa, Waiheke Island 1081 Tenancy Tribunal Case 4962794 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4962794 — net $147.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Further bond paid to the landlord but not lodged with the Bond Centre	$120.00	Further bond paid to the landlord but not lodged with the Bond Centre
Net award	$147.00
Total payable by Landlord to Tenant	$147.00

Claims and awards for application 4962794 — net $147.00 NZD. Verify on MoJ.

Filing fee reimbursement

Amount: $27.00
Awarded to: Tenant
Reason: Filing fee reimbursement

Further bond paid to the landlord but not lodged with the Bond Centre

Amount: $120.00
Awarded to: Tenant
Reason: Further bond paid to the landlord but not lodged with the Bond Centre

Net award

Tenant $147.00

Total payable by Landlord to Tenant

Tenant $147.00

Claim types — money lines allowed on this order

Filing Fee

Order

The Bond Centre is to pay the bond of $1,362.00 (6301370-002) to Luke Xavier Bell-Booth and Danielle Elizabeth Falconer immediately.
The landlord is to pay the sum of $147.00 (being the filing fee and the additional bond of $120.00 which was not lodged with the Bond Centre) as calculated in the table below to Luke Xavier Bell-Booth and Danielle Elizabeth Falconer immediately:

Reasons

The tenant attended the hearing via telephone. The landlord did not attend the hearing. As the landlord had been advised by the Tribunal that the landlord’s application for an adjournment was declined, the hearing proceeded in the landlord’s absence.
The tenant has applied for refund of the bond. The landlord has a claim against the bond, but has not filed a counterclaim with Tenancy Services.
Section 22B(2) of the Residential Tenancies Act 1986 (RTA) provides that where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim. As the landlord has not filed a counterclaim the bond is refunded in full to the tenant.
The initial bond payment was $1,362.00. This sum was lodged with the Bond Centre. At the hearing, the tenant provided a bank statement showing that they made an additional bond payment of $120.00 on 02 July 2024. The Bond Centre records show that the bond held by the Bond Centre is $1,362.00.
Following the hearing, the previous director for the landlord sent an email to the Tribunal confirming that the additional bond payment of $120.00 had not been transferred to the Bond Centre.
Section 19(1) of the RTA provides that a landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received.
I am satisfied that the landlord has failed to pay this portion of the bond with the Bond Centre within the required time.
Failing to pay the bond to the Bond Centre is a serious matter and this is reflected by Parliament making a breach of section 19(1) of the RTA an unlawful act for which, if certain criteria are met, the Tribunal may award exemplary damages up to a maximum of $1,500.00. (See section 19(2) and Schedule 1A Residential Tenancies Act 1986.) However, the tenants have not sought exemplary damages and I make no such award.
Luke Xavier Bell-Booth, Danielle Elizabeth Falconer have wholly succeeded with the claim. For this reason, I must order reimbursement of the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4962794 — net $147.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Further bond paid to the landlord but not lodged with the Bond Centre	$120.00	Further bond paid to the landlord but not lodged with the Bond Centre
Net award	$147.00
Total payable by Landlord to Tenant	$147.00

Claims and awards for application 4962794 — net $147.00 NZD. Verify on MoJ.

Filing fee reimbursement

Amount: $27.00
Awarded to: Tenant
Reason: Filing fee reimbursement

Further bond paid to the landlord but not lodged with the Bond Centre

Amount: $120.00
Awarded to: Tenant
Reason: Further bond paid to the landlord but not lodged with the Bond Centre

Net award

Tenant $147.00

Total payable by Landlord to Tenant

Tenant $147.00

Claim types — money lines allowed on this order

Filing Fee

Order

The Bond Centre is to pay the bond of $1,362.00 (6301370-002) to Luke Xavier Bell-Booth and Danielle Elizabeth Falconer immediately.
The landlord is to pay the sum of $147.00 (being the filing fee and the additional bond of $120.00 which was not lodged with the Bond Centre) as calculated in the table below to Luke Xavier Bell-Booth and Danielle Elizabeth Falconer immediately:

Reasons

The tenant attended the hearing via telephone. The landlord did not attend the hearing. As the landlord had been advised by the Tribunal that the landlord’s application for an adjournment was declined, the hearing proceeded in the landlord’s absence.
The tenant has applied for refund of the bond. The landlord has a claim against the bond, but has not filed a counterclaim with Tenancy Services.
Section 22B(2) of the Residential Tenancies Act 1986 (RTA) provides that where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim. As the landlord has not filed a counterclaim the bond is refunded in full to the tenant.
The initial bond payment was $1,362.00. This sum was lodged with the Bond Centre. At the hearing, the tenant provided a bank statement showing that they made an additional bond payment of $120.00 on 02 July 2024. The Bond Centre records show that the bond held by the Bond Centre is $1,362.00.
Following the hearing, the previous director for the landlord sent an email to the Tribunal confirming that the additional bond payment of $120.00 had not been transferred to the Bond Centre.
Section 19(1) of the RTA provides that a landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received.
I am satisfied that the landlord has failed to pay this portion of the bond with the Bond Centre within the required time.
Failing to pay the bond to the Bond Centre is a serious matter and this is reflected by Parliament making a breach of section 19(1) of the RTA an unlawful act for which, if certain criteria are met, the Tribunal may award exemplary damages up to a maximum of $1,500.00. (See section 19(2) and Schedule 1A Residential Tenancies Act 1986.) However, the tenants have not sought exemplary damages and I make no such award.
Luke Xavier Bell-Booth, Danielle Elizabeth Falconer have wholly succeeded with the claim. For this reason, I must order reimbursement of the filing fee.

Tenancy Tribunal case 4962794 — Tenancy dispute at 46 Tahatai Road, Oneroa, Waiheke Island 1081

At a glance

Tenancy Tribunal case 4962794 — Tenancy dispute at 46 Tahatai Road, Oneroa, Waiheke Island 1081

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions