Landlord ordered to release bond to tenant
📌 In brief
The Tenancy Tribunal ruled that the landlord must release the tenant's bond of $2,040.00 because the landlord had proven claims of rent arrears and other costs.
⚖️ Legal holding
A landlord is entitled to recover rent arrears and other costs from a tenant's bond.
📖 Technical summary
The Tribunal ordered the landlord to release the bond to the claimant.
📜 Headnote Official document
The Tenancy Tribunal ordered the landlord to release the tenant's bond of $2,040.00 due to proven claims of rent arrears and other costs.
📚 Full judgment Official document
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[2025] NZTT 5188572
TENANCY TRIBUNAL AT WHANGAREI | TE TARAIPIUNARA RETIHANGA KI WHANGĀREI-TERENGA-PARĀOA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The [COMPANY] is to pay the bond of $2,040.00 to [COMPANY] immediately.
Reasons:
1. The tenancy began on 8 March 2023 and ended on 19 March 2025.
2. The landlord’s application sought rent arrears, repairs, cleaning, and other costs (totalling $4,575.00) and exemplary damages.
3. The hearing took place today in Whangarei. [NAME] represented the landlord. There was no appearance by the tenant.
4. At the hearing [NAME] stated that the landlord is only seeking the bond, and is willing to waive the amounts claimed above the bond.
5. I have reviewed the evidence provided by the landlord.
6. I am satisfied that the landlord has a proven claim for rent arrears and other costs to more than the amount of the bond.
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7. Therefore I have made an order releasing the bond to the landlord.
[NAME]
23 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 proved their claim for rent arrears and other costs exceeded the bond amount.
- The landlord chose to only seek the bond amount, waiving other claimed amounts.
- The tenant did not appear at the hearing to present their case.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The landlord was ordered to release the tenant's bond of $2,040.00.
What was the dispute about?
The dispute was about the landlord's claim for rent arrears and other costs from the tenant's bond.
How did the court decide, and why?
The court decided in favour of the landlord because the landlord proved the claims for rent arrears and other costs.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The most important argument was the landlord's proven claims for rent arrears and other costs.
Was the decision for or against the person who brought the case?
The decision was for the landlord, who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation could potentially recover their bond if they can prove rent arrears and other costs.
What evidence or documents mattered?
The judgment does not specify the evidence or documents used.