What was the outcome of Tenancy Tribunal case 5172291?

The tribunal order states: The Bond Centre is to pay the bond of $1,000.00 (6052519-001) to John

How much money was awarded in case 5172291?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5172291?

The primary dispute was Rent arrears. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5172291?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11977220-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5172291?

The tribunal order states: The Bond Centre is to pay the bond of $1,000.00 (6052519-001) to John

How much money was awarded in case 5172291?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5172291?

The primary dispute was Rent arrears. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5172291?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11977220-Tenancy_Tribunal_Order.pdf.

5A Swann Road, Cromwell, Cromwell 9384 Tenancy Tribunal Case 5172291 — Rent arrears

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Reasons

Both parties attended the hearing.

The tenant has applied for refund of the bond. The landlord has a claim against the bond, and has filed a counterclaim with Tenancy Services.

The landlord seeks $750.00 costs from an order of the District Court made on 24 January 2024 under CIV-2024-059-000006 where Judge TJ Gilbert awarded costs to the landlord on dismissing the tenant’s application for stay of proceedings on the Tribunal’s earlier order in respect of retaliatory notice. The landlord was prepared to set off $177.53 (which the landlord owes the tenant from the order of the Tribunal dated 5 April 2024 under application 4667530, 4630573) against the $750.00 costs order by the District Court.

However I find that bonds held by Tenancy Services should only be held and used to pay for matters directly to do with the tenancy in question; such incidences include rent arrears, outgoings owed and damages, compensation and exemplary damages on account of breach by the tenant under the tenancy agreement. The costs ordered by the District Court in this instance are separate proceedings and concerns matters which are distinct from the tenancy, albeit in relation to the tenancy in question.

I consider that it is not in order to allow the bond to be disbursed to the landlord to cover costs associated with unsuccessful appeals by a tenant as they do not deal specifically with the tenancy itself. To widen the scope in the manner sought by the landlord here would be to throw the net too wide and there will be uncertainty as to how far and wide bonds can be used as security for the landlord for matters which should only concern the tenancy.

Further, and in the alternative, the parties to the District Court appeal have reached an agreement on 26 March 2024 whereby costs will lie where they fall on the tenant discontinuing the appeal proceedings against the landlord. The Memorandum of Discontinuance has been signed jointly by counsel for the landlord and counsel for the tenant; I consider that the memorandum overrides the earlier order of the District Court awarding costs to the landlord.

For those reasons, I dismiss the landlord’s claim for costs to be paid out of the bond.

Because the landlord is unsuccessful on the counterclaim, the bond is refunded in full to the tenant forthwith.

Reasons

Both parties attended the hearing.

The tenant has applied for refund of the bond. The landlord has a claim against the bond, and has filed a counterclaim with Tenancy Services.

For those reasons, I dismiss the landlord’s claim for costs to be paid out of the bond.

Because the landlord is unsuccessful on the counterclaim, the bond is refunded in full to the tenant forthwith.

Tenancy Tribunal case 5172291 — Rent arrears at 5A Swann Road, Cromwell, Cromwell 9384

At a glance

Tenancy Tribunal case 5172291 — Rent arrears at 5A Swann Road, Cromwell, Cromwell 9384

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions