Settlement of Claims Through Bond Refund at Tenancy Tribunal
📌 In brief
At the Tenancy Tribunal, the tenant and landlord agreed to settle all their disputes by refunding the bond. They resolved issues like rent arrears, compensation, and cleaning costs through this agreement.
⚖️ Legal holding
A tenant and landlord can settle all claims through the refund of the bond.
📖 Technical summary
The claimant and respondent agreed to settle all claims by refunding the bond.
📜 Headnote Official document
The Tenancy Tribunal at Dunedin decided that the claimant and respondent agreed to settle all claims by refunding the bond of $1,840.00. The Tribunal considered various claims including rent arrears, compensation, and cleaning costs, but ultimately the parties agreed to a full and final settlement.
📚 Full judgment Official document
__________________________________________________________________________________ 5232011 1
[2025] NZTT 5232011
TENANCY TRIBUNAL AT DUNEDIN | TE TARAIPIUNARA RETIHANGA KI ŌTEPOTI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. By consent the parties agree that refund of the bond is in full and final settlement of all claims regarding the tenancy.
2. The Bond Centre is to pay the bond of $1,840.00 (3208184-012) to [COMPANY] ([NAME]) immediately.
Reasons:
1. Both parties attended the hearing.
2. The tenancy began on 11/2/2022 and ended by agreement on 28/2/2025 at a weekly rental of $545.00.
3. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy as follows:
a. $155.71 rent arrears
b. $545.00 loss of rent
c. $684.25 carpet cleaning
d. $483.00 initially but reduced to $200.00 for cleaning
__________________________________________________________________________________ 5232011 2
e. $300.00 for garden work
f. $243.75 for replacement of a light shade
g. $700.00 for rubbish removal and repairs
h. $22.60 for replacement keys.
4. The landlord reduced the original amount claimed for cleaning to $200.00.
5. The tenant disputed the amounts claimed for carpet cleaning because of the state of the carpets, gardening, replacement of the light shade and rubbish removal because of the shared driveway.
6. The Tribunal declined to award the loss of rent claim because it considers such a claim as a business costs of renting premises.
7. Considering all the above factors the parties agreed to settle all claims by refund of the bond to the landlord.
J Wilson
21 May 2025
__________________________________________________________________________________ 5232011 3
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.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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The parties agreed to settle all claims by refunding the bond.
- The landlord reduced the original cleaning claim from $483.00 to $200.00.
- The Tribunal did not award the loss of rent claim as it considered it a business cost.
❌ Tends to be rejected
- The tenant disputed the amounts claimed for carpet cleaning due to the state of the carpets.
- The tenant disputed the garden work claim because of the shared driveway.
- The tenant disputed the replacement of the light shade and rubbish removal claims.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision allowed the refund of the bond as a full and final settlement of all claims between the tenant and landlord.
What was the dispute about?
The dispute was about rent arrears, compensation, cleaning costs, and other expenses related to the tenancy.
How did the court decide, and why?
The court decided to allow the refund of the bond because both parties agreed to settle all claims in this manner.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The argument that mattered most was the mutual agreement between the tenant and landlord to settle all claims through the refund of the bond.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, as both parties agreed to the settlement.
What does this mean for someone in a similar situation?
Someone in a similar situation can resolve disputes with their landlord by agreeing to a settlement that includes the refund of the bond.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that were used to make the decision.