Published tribunal order
Tenancy Tribunal case 5016999 — Tenancy dispute at 20 Westmont Street, Ilam, Christchurch 8041
Decided 27 Jan 2025 · Published 27 Jan 2025 · Application 5016999
Mixed / unclear
Order
- Burns Richard/Richard Burns is to pay the sum of $1787.00 to Jung Seongmin immediately.
Reasons
- The respondent failed to make himself available for the hearing. Many attempts were made to ring the phone number that was on file supplied by him to Mr Seongmin.
- Mr Seongmin appeared via VMR together with a Korean interpreter.
- The background to this case is that Mr Seongmin sought to rent a bedroom from the respondent, it is unclear what the respondent’s Christian name is given the email correspondent appears to have it recorded it as ‘Burns’.
- Mr Seongmin was told the costs would be $220 per week and he was required to pay a bond that totalled four weeks, but was told to pay a second amount of $880 rent in advance. Having paid a total of $1760.00, he was again asked to pay a third payment of $880.00 Mr Seongmin became suspicious and said he wanted a refund and was no longer wanting the room. He was told to pay another $500 to get the refund. He did not pay this amount.
- He has had no further communication since the 1 October 2024 and firmly believes he has been scammed.
- The details of the respondent and property are suspicious. The landlord failed to make himself available today. Mr Seongmin has never had a verbal conversation with him.
- I am concerned how this has come about; however I am mindful that Mr Richard/Burns has not attended.
- In any event, the absence of a party does not preclude me from making orders and on the balance of probabilities I order a full refund of the money paid by Mr Seongmin as a bond payment and rent in advance given the rental arrangement never transpired.
- Because Jung Seongmin has wholly succeeded with the claim I must reimburse the filing fee.