Tenant Deported, Bond Awarded to Landlord
📌 In brief
The Tenancy Tribunal awarded the landlord the bond amount after the tenant was deported without giving proper notice. The landlord was compensated for rent arrears with the bond.
⚖️ Legal holding
A tenant who is deported without giving proper notice is liable for rent in lieu of notice, limited to the bond amount in this case.
📖 Technical summary
The Tribunal awarded the landlord the bond amount due to the tenant's deportation and inability to attend the hearing.
📜 Headnote Official document
The Tenancy Tribunal awarded the landlord the bond amount after the tenant was deported without giving proper notice, resulting in the landlord receiving the bond as compensation for rent arrears.
📚 Full judgment Official document
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[2025] NZTT 5159711
TENANCY TRIBUNAL AT AT
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Sreet address suppressed], Waterview, Auckland 1026
ORDER
1. The landlord’s name and identifying details, including the tenancy address, must not be published.
2. must pay immediately, calculated as shown in the table below.
3. [COMPANY] is to pay the bond of $960.00 ([Bond number suppressed]) [The landlord/s] immediately.
Description Landlord Rent arrears to 16 November 2024 $617.14 Rent in lieu of notice $342.86 Total award $960.00 Bond $960.00
Reasons:
1. The hearing was conducted remotely on Microsoft Teams.
2. The landlord attended the hearing with a support person.
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3. Sadly, the tenant was deported on about 6 November 2024 and could not attend the hearing. The hearing proceeded in the tenant’s absence.
4. The tenancy was ongoing when the tenant was deported. She did not give notice, so was required to give 28 days’ notice. The deportation serves as notice of termination. Technically, the tenant owes the landlord in the order of $1,920.00 for rent in lieu of notice.
5. However, the landlord seeks rent arrears only to the value of the bond. She is entitled to claim significantly more than that but pragmatically limits her claim to the bond in the circumstances.
6. The landlord provided rent records which prove that the tenant owes at least the amount ordered.
7. To tidy the matter up, the Tribunal orders release of the bond to the landlord.
R Kee 16 April 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:
-1211954932: [NAME] [PHONE]: $960.00 from the bond 299419769: [the landlord] 414901822: REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord proved the tenant owed at least the amount ordered through rent records.
- The tenant was still in an ongoing tenancy when deported and did not give the required 28 days' notice.
- The landlord limited their claim to the bond amount, even though they were entitled to more.
- The tenant was liable for rent in lieu of notice because she did not give proper notice before deportation.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal awarded the landlord the bond amount after the tenant was deported without giving proper notice.
What was the dispute about?
The dispute was about the landlord seeking compensation for rent arrears after the tenant was deported without giving proper notice.
How did the court decide, and why?
The court decided to award the landlord the bond amount because the tenant was deported without giving proper notice, making the deportation serve as notice of termination.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 and the Immigration Act 2009, section 158 were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant's deportation served as notice of termination, making the tenant liable for rent arrears.
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?
For someone in a similar situation, the deportation of a tenant without proper notice can lead to the landlord receiving compensation for rent arrears.
What evidence or documents mattered?
The evidence included rent records proving the tenant owed rent arrears.