Landlord Ordered to Reimburse Tenant's Filing Fee Due to Bond Lodgement Failure
📌 In brief
The Tenancy Tribunal ruled that the landlord must reimburse the tenant's filing fee because the landlord failed to deposit the bond with the Bond Centre within the required time frame, even though the landlord was unaware of the requirement.
⚖️ Legal holding
A landlord must lodge the bond with the Bond Centre within 23 working days after receiving it, failing which they may be liable for exemplary damages.
📖 What the law says
When a landlord receives a bond payment, they must give the person who paid it a written receipt right away. This receipt needs to show the address of the property, the amount and type of payment, the date it was paid, and the name of the person who paid it (if known). The landlord must also send the bond amount to the chief executive within 23 working days of receiving it, along with a statement.
A landlord or tenant can ask the Tenancy Tribunal to order another person to pay them exemplary damages if that other person has committed an unlawful act. However, this application must be made no later than 12 months after the tenancy ends, especially for unlawful acts related to bond duties or failing to keep bond records.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the landlord to reimburse the tenant's filing fee due to the landlord's failure to lodge the bond within the required timeframe.
📜 Headnote Official document
The Tenancy Tribunal ordered the landlord to reimburse the tenant's filing fee after confirming that the landlord failed to lodge the bond with the Bond Centre within the required timeframe, despite the landlord's lack of awareness of the legal requirement.
📚 Full judgment Official document
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[2025] NZTT 5188437
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: [ADDRESS], Brunswick, RD 1, Brunswick 4571
ORDER
1. [NAME] and [NAME] must pay [NAME] $27.00 immediately, being the reimbursement of the filing fee.
Reasons:
1. Both parties attended the video conference hearing.
2. The tenancy started on 6 August 2024 and ended on 5 March 2025.
3. At the end of the tenancy, the tenant has applied for refund of the bond and exemplary damages for the landlord’s failure to lodge the bond with the Bond Centre within the required time.
4. At the hearing, the parties confirmed that the bond had been refunded in full to the tenant already. Therefore, no order is made in relation to the refund of the bond.
5. A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986 (“RTA”).
6. Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A RTA.
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7. The landlord has committed an unlawful act by failing to lodge the bond within the required time.
8. Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) RTA.
9. The landlord accepted not having lodged the bond with the Bond Centre within the required time. The landlord explained that the landlord was unaware of the legal requirement to lodge the bond with the Bond Centre. As this was a minor dwelling that had been converted from a garage, I accept that there may have been confusion as to whether or not this was a true tenancy that fell under the RTA.
10. The landlord had confirmed that the minor dwelling shares only the laundry with the main house. In those circumstances, this would fall under the jurisdiction of the RTA. The landlord is required to lodge the bond with the Bond Centre within the required time.
11. The landlord has confirmed that this mistake will never happen again now that they know. I give them the benefit of the doubt and treat this case as their first and final warning for not lodging the bond. I do not award any exemplary damages in this case.
12. Because the tenant has substantially succeeded with the claim in having the bond refunded, I order the landlord to reimburse the tenant’s filing fee.
J Yi
22 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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord accepted responsibility for not lodging the bond within the required timeframe.
- The tenant successfully requested the filing fee to be reimbursed by the landlord.
❌ Tends to be rejected
- The landlord's explanation of unintentional ignorance about the legal requirement was not enough to warrant exemplary damages.
- The tenant's request for exemplary damages due to the landlord's failure to lodge the bond was denied.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the landlord to reimburse the tenant's filing fee.
What was the dispute about?
The dispute was about the landlord's failure to lodge the bond with the Bond Centre within the required time frame.
How did the court decide, and why?
The court decided in favour of the tenant because the landlord failed to lodge the bond within the required time frame, despite the landlord's lack of awareness of the requirement.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 19(1), 19(2), and 109(3) were applied.
What was the argument that mattered most?
The argument that mattered most was that the landlord failed to lodge the bond within the required time frame, which is a requirement under the Residential Tenancies Act.
Was the decision for or against the person who brought the case?
The decision was for the tenant who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means that if a landlord fails to lodge the bond within the required time frame, they may be ordered to reimburse the tenant's filing fee.
What evidence or documents mattered?
The evidence that mattered included the confirmation that the bond had been refunded in full to the tenant and the landlord's explanation of the failure to lodge the bond within the required time frame.