Tribunal Terminates Tenancy and Orders Payment of Arrears and Fees

__________________________________________________________________________________ 5172836 1

[2025] NZTT 5172836

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]

ORDER

1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] terminated on 2 April 2025. [COMPANY] took possession of the tenancy premises on the same date.

2. [NAME] must pay [COMPANY] $519.00 immediately, calculated as shown in table below.

Description Landlord Tenant Rent arrears to 2 April 2025 $828.00 Filing fee reimbursement $27.00 Total award $855.00 Bond (held by the landlord) $336.00 Total payable by Tenant to Landlord $519.00

3. The landlord’s request for suppression of its name is declined.

Reasons:

1. The landlord attended the hearing but the tenant did not attend.

2. I am satisfied from the letter received from the tenant that the tenant had received notice of the hearing and the claim.

__________________________________________________________________________________ 5172836 2

3. The landlord applied for termination of the tenancy, rent arrears, reimbursement of the filing fee and refund of the bond.

4. Prior to the hearing the tenant had advised the landlord that they were not living in the premises and would not be returning. The landlord stated the keys were provided to them on 2 April 2025 and that they agreed to terminate the tenancy on that date. Accordingly the tenancy has already ended and the landlord has possession of the premises.

Rent arrears:

5. Rent was in arrears at the end of the tenancy. The rent summary provided proves the amount of arrears.

The Bond:

6. The landlord has made a claim on the bond. The landlord confirmed the tenant paid the bond on the same day that he paid his initial payment of two weeks rent (15 April 2024).

7. The landlord could not provide a bond number as it says [COMPANY] has not recorded the bond against the tenant or the property. The landlord states the bond was paid to [COMPANY] as part of a bulk payment made on 29 November 2024. [COMPANY] was called during the hearing. [COMPANY] had no record of the bond for this property being received.

8. The landlord has not proven the bond was paid to [COMPANY] therefore the conclusion I reach is that the landlord holds the bond. In the event that the landlord can conclusively show [COMPANY] has the bond and has not correctly attributed it to this tenancy then either the landlord can make a one party application for the bond or can file a rehearing application for an order that the bond is paid to them by [COMPANY]. Such an application is to be set down in front of me for determination.

Reimbursement of the filing fee:

9. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.

Suppression

10. The landlord has applied for suppression of its name.

11. Section 95A of the Residential Tenancies Act 1986 (RTA) provides that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name not be published, unless

__________________________________________________________________________________ 5172836 3

the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

12. The application is declined for the following reasons.

13. The landlord was required to forward the bond to [COMPANY] within 23 working days of receiving it from the tenant1. According to the landlord’s evidence the bond was received on 15 April 2024, which means it should have been forwarded to [COMPANY] by 17 May 2024. The landlord says the bond was forwarded on 29 November 2024 more than 6 months after it was legally required to do so.

14. The landlord has committed an unlawful act in not forwarding the bond. Conduct of this nature is unacceptable. It is in the public interest that all landlords lodge tenant’s bonds with [COMPANY] as legally required. The bond is the tenant’s money and should not be held by the landlord outside of the requirements in the RTA. I find it would be inequitable for me to suppress the landlord’s name as in doing so I would be removing the transparency of this unlawful act.

15. I encourage the landlord to review its bond procedures to ensure that all bonds are paid to [COMPANY] as required.

W Lang

11 April 2025

1 See section 19, RTA.

__________________________________________________________________________________ 5172836 4

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/

__________________________________________________________________________________ 5172836 5

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: