Tenant wins compensation for unauthorised charges

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[2025] NZTT 5154495

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Tenant

RESPONDENT: [redacted]

Landlord

TENANCY ADDRESS: Room A2, [ADDRESS], [POSTCODE], Puhinui Studio

ORDER

1. [NAME] ([COMPANY]) must pay [NAME] $383.50 immediately, calculated as shown in table below:

Description Tenant Compensation: Reimburse Cleaning Charge $184.00 Compensation: Reimburse Pest Charge $172.50 Filing fee reimbursement $27.00 Total award $383.50 Total payable by Landlord to Tenant $383.50

Reasons:

1. Both parties attended the hearing.

2. The tenant had claimed refund of the bond following the end of the tenancy.

3. The bond was released by the Bond Centre in November 2024, shortly after the tenancy ended. There was a split bond payment; with $748.57 being paid to the tenant and $731.43 being paid to the landlord.

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4. The landlord says that the bond was paid to the parties in accordance with a bond release form signed by both parties.

5. The tenant acknowledges that he signed the bond release form on 18 November 2024, but says that the amounts were blank, he just provided his bank account number and signed the form anticipating receiving his whole bond.

6. The property manager who completed the bond form did not attend the hearing to give evidence.

7. I find that the landlord (through its rent summary) has proved the amount of rent arrears owed ($211.43). I also find that the tenant agreed to an additional charge for parking, after the tenancy started. While he is now unhappy about that, he agreed to the parking charge and the landlord is entitled to the $150 claimed.

8. The tenant has proved that he did not agree to the landlord retaining funds for cleaning or pest control. The invoices for those items post date the signing of the bond release form. The tenant cannot have agreed to those charges. Curiously the invoice for cleaning purports to be dated 22 November 2024, but has a due date of March 2025. Further the landlord’s evidence does not establish that the premises were not reasonably clean and tidy at the end of the tenancy or that pest control was required because of some breach of the tenant’s obligations. The cleaning and pest control fees must be refunded to the tenant.

9. As the tenant was partially successful, I have also awarded reimbursement of the Tribunal application fee.

[NAME]

20 May 2025

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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.

Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.

You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf

Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals

Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.

Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.

Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.

If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].

Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.

https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/

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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].

Reasons: