What was the outcome of Tenancy Tribunal case 5066389?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5066389?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5066389?

The dispute type was not classified.

Where can I read the official tribunal order for case 5066389?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11391905-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5066389?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5066389?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5066389?

The dispute type was not classified.

Where can I read the official tribunal order for case 5066389?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11391905-Tenancy_Tribunal_Order.pdf.

21 Ruapehu Street, Atiamuri, RD 1, Atiamuri 3078 Tenancy Tribunal Case 5066389 — Tenancy dispute

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Reasons

Mr Van Helsdingen, representing the landlord, and Ms Te Hiko, the tenant, both attended the teleconference hearing.

The landlord has applied for compensation and refund of the bond following the end of the tenancy. During the hearing, Mr Van Helsdingen withdrew the compensation claim.

The tenant disputed the refund of the bond to the landlord.

The landlord said there had been costs incurred by the landlord at the end of the tenancy. There were no Ingoing or Outgoing Inspection Reports provided by the landlord, nor any photographs or other evidence of the condition of the property at the end of the tenancy. The landlord did not assert any claims for any work done at the property at the end of the tenancy.

Mr Van Helsdingen said the landlord instructed they did not wish to claim compensation from the tenant, but wanted the full bond refunded. He provided copies of 2 invoices dated 27 August 2024 and 28 August 2024, which he said was for security guards that were assigned to the property, as part of the process of ensuring the tenant had left the property pursuant to a possession order. He acknowledged the bailiff could likely have assisted with any issues relating to enforcement of any possession order but said that the landlord wanted security to check whether the tenant had left the property before involving the bailiff. Mr Van Helsdingen confirmed the landlord was not claiming the cost of the security guards at the property but was only providing these invoices to show the landlord had incurred costs as a result of the tenant.

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

A bond is held on trust for a tenant. If a landlord claims the bond, they must prove claims against the tenant which justify payment of the bond to the landlord, either in whole or in part.

The landlord has not provided any evidence of any likely claim against the tenant that could justify the bond being paid to the landlord. No inspection reports, photographs, invoices for claims or any such other evidence was provided by the landlord. The landlord withdrew the compensation claim. The landlord did not want to claim any security costs either. Even if they had wanted to claim any security costs, the landlord would have had to show they had mitigated any losses pursuant to section 49 Residential Tenancies Act 1986, by using other means, such as utilising the bailiff, to enforce any possession order. Due to insufficient evidence of any claim against the bond by the landlord, I dismiss the claim.

Reasons

Mr Van Helsdingen, representing the landlord, and Ms Te Hiko, the tenant, both attended the teleconference hearing.

The landlord has applied for compensation and refund of the bond following the end of the tenancy. During the hearing, Mr Van Helsdingen withdrew the compensation claim.

The tenant disputed the refund of the bond to the landlord.

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

A bond is held on trust for a tenant. If a landlord claims the bond, they must prove claims against the tenant which justify payment of the bond to the landlord, either in whole or in part.

Tenancy Tribunal case 5066389 — Tenancy dispute at 21 Ruapehu Street, Atiamuri, RD 1, Atiamuri 3078

At a glance

Claims & awards

Tenancy Tribunal case 5066389 — Tenancy dispute at 21 Ruapehu Street, Atiamuri, RD 1, Atiamuri 3078

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions