Published tribunal order
Tenancy Tribunal case 4987071 — Tenancy dispute at 10 Kamahi Avenue, Hawera, Hawera 4610
Decided 5 Nov 2024 · Published 5 Nov 2024 · Application 4987071
Tenant favoured
- Filing Fee
Order
- Nikki Steadman must pay Casey Jacqueline Miller and Jacob White $1,127.00 immediately, calculated as shown in table below:
Reasons
- The tenants attended the hearing, set down to be conducted via video. Two calls to the landlord went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
- The tenants have applied for refund of the bond. I considered jurisdiction and I consider this was a room by room tenancy and within the jurisdiction of the Tenancy Tribunal. The landlord retained the bond and has not been in contact with the tenants despite committing to return the bond (as evidenced in text messages).
- Section 22B(2) Residential Tenancies Act 1986 provides that, where a tenant applies for refund of the bond, if the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim. Because the landlord has not filed a counterclaim the bond is refunded in full to the tenant. Application filing fee
- Because Casey Jacqueline Miller and Jacob White have wholly succeeded with the claim I must reimburse the filing fee.