What was the outcome of Tenancy Tribunal case 5118748?

The tribunal order states: Subject to order 2, the Bond Centre is to pay the bond of $2,280.00 (5252218-

How much money was awarded in case 5118748?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5118748?

The dispute type was not classified.

Where can I read the official tribunal order for case 5118748?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11492746-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5118748?

The tribunal order states: Subject to order 2, the Bond Centre is to pay the bond of $2,280.00 (5252218-

How much money was awarded in case 5118748?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5118748?

The dispute type was not classified.

Where can I read the official tribunal order for case 5118748?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11492746-Tenancy_Tribunal_Order.pdf.

23 Johnston Street, Foxton, Foxton 4814 Tenancy Tribunal Case 5118748 — Tenancy dispute

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Order

Subject to order 2, the Bond Centre is to pay the bond of $2,280.00 (5252218- 005) to Ruma Herena Tawa immediately.

If Unique Realty Limited hold the bond money they must pay it to Ruma Herena Tawa immediately.

Unique Realty Limited must pay the filing fee of $27.00 to Ruma Herena Tawa immediately.

Reasons

Both parties attended the hearing.

The tenant has applied for release of the bond for the tenancy which ended on 18 November 2024.

Although the bond records available to the Tribunal show that the bond is sitting with the Bond Centre, the landlord says that they have the bond funds. The landlord has not released the bond to the tenant because the bond was paid by WINZ, and so they seek an order from the Tribunal.

In fact the tenant did not ever move in. The landlord released the tenant from her obligations and did not seek any rent.

The sum of $2,280 was presumably a loan from WINZ for the purpose of enabling the tenant to move into a house that she has not moved into. On that basis, it seems that morally, the tenant has no right to the bond.

However, it is the tenant’s name on the tenancy and bond form. WINZ is not a party to the tenancy. The situation is the same as if a friend or relative of the tenant had paid the bond for her.

The Tribunal does not have jurisdiction to order payment to anyone other than the parties.

Section 85 of the Residential Tenancies Act provides that the Tribunal shall determine each dispute according to the general principles of the law relating to the matter and the substantial merits and justice of the case, but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities. However, that does not mean that Tribunal’s jurisdiction can be extended to order payment to non-parties. If the tenant owes the money to WINZ, that is a matter between the tenant and WINZ.

The tenant may decide that the right thing to do is to repay the money to WINZ.

Because Ruma Herena Tawa has wholly succeeded with the claim I must reimburse the filing fee.

Order

Subject to order 2, the Bond Centre is to pay the bond of $2,280.00 (5252218- 005) to Ruma Herena Tawa immediately.

If Unique Realty Limited hold the bond money they must pay it to Ruma Herena Tawa immediately.

Unique Realty Limited must pay the filing fee of $27.00 to Ruma Herena Tawa immediately.

Reasons

Both parties attended the hearing.

The tenant has applied for release of the bond for the tenancy which ended on 18 November 2024.

In fact the tenant did not ever move in. The landlord released the tenant from her obligations and did not seek any rent.

However, it is the tenant’s name on the tenancy and bond form. WINZ is not a party to the tenancy. The situation is the same as if a friend or relative of the tenant had paid the bond for her.

The Tribunal does not have jurisdiction to order payment to anyone other than the parties.

The tenant may decide that the right thing to do is to repay the money to WINZ.

Because Ruma Herena Tawa has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5118748 — Tenancy dispute at 23 Johnston Street, Foxton, Foxton 4814

At a glance

Claims & awards

Tenancy Tribunal case 5118748 — Tenancy dispute at 23 Johnston Street, Foxton, Foxton 4814

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