Tenant and landlord settle dispute over bond return and rent arrears
📌 In brief
The tenant and landlord agreed to end their tenancy and withdraw their applications for rehearing. The bond was returned to the tenant, and the previous order of the Tribunal was declared void.
⚖️ Legal holding
A tenant is entitled to have their bond returned upon the termination of the tenancy agreement.
📖 Technical summary
The parties agreed to settle the dispute by ending the tenancy and withdrawing their applications for rehearing.
📜 Headnote Official document
The Tribunal ordered the termination of the tenancy agreement and the return of the bond to the tenant, following an agreement between the parties to settle the dispute.
📚 Full judgment Official document
__________________________________________________________________________________ 5160431 1
[2025] NZTT 5160431, 5158831
TENANCY TRIBUNAL AT DUNEDIN | TE TARAIPIUNARA RETIHANGA KI ŌTEPOTI
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. By consent the parties agreed to settle the dispute by ending the tenancy at 5pm on 4 April 2025, and agreeing to all the terms and conditions set out in the document signed by them dated 23/4/2025.
2. Based on the agreement both applications for rehearing are therefore withdrawn.
3. The bond Centre is to immediately pay to [NAME], and [NAME] the bond of $2,496.00 held under number BN-00063433.
4. By way of declaration the Order of the Tribunal dated 6 March 2025 is of no further force and effect.
Reasons:
1. The landlord and the three tenants all attended the hearing.
2. On 6/3/2025 the Tribunal made an order validating the tenancy agreement between the parties, for rent arrears in favour of the landlord, and compensation and exemplary damages in favour of the tenant.
3. In addition, both parties applications for refund of rent, compensation and exemplary damages were dismissed.
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4. On 13/3 and 14/3/2025 respectively both parties applied for a rehearing, albeit on different grounds.
5. Subsequently the parties entered into negotiations and the landlord re-let the premises as at 5/4/2025.
6. At this hearing the parties all signed and were provided with a copy of the agreement drawn up by the tenants’ lawyer setting out the terms and conditions for settling the dispute between the parties.
7. Among other matters, the tenants agreed to withdraw the further application recently made by them, and the landlord the appeal filed on 13/3/2025.
8. As a result of the agreement all costs will lie where they fall, and the previous Order of the Tribunal cannot be enforced.
9. No suppression is granted to be consistent with the previous Order.
[NAME]
23 April 2025
__________________________________________________________________________________ 5160431 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 end the tenancy at 5pm on 4 April 2025 as part of a settlement.
- The parties signed an agreement on 23 April 2025 outlining the terms for settling their dispute.
- The tenants agreed to withdraw their recent application as part of the settlement.
- The landlord agreed to withdraw their appeal filed on 13 March 2025 as part of the settlement.
- The bond of $2,496.00 is to be paid immediately to the tenants.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision allowed the settlement of the dispute by terminating the tenancy and returning the bond to the tenant.
What was the dispute about?
The dispute was about the termination of the tenancy agreement and the return of the bond held by the landlord.
How did the court decide, and why?
The court decided based on the agreement reached between the tenant and landlord, which included the termination of the tenancy and the return of the bond.
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 the dispute.
Was the decision for or against the person who brought the case?
The decision was for the tenant, as the bond was returned and the tenancy terminated according to the agreement.
What does this mean for someone in a similar situation?
Someone in a similar situation can reach a settlement agreement with the landlord to resolve disputes over bond return and tenancy termination.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents used in the decision.