Tenant Entitled to Bond Refund Minus Rent Owed
📌 In brief
The Tenancy Tribunal ruled that the landlord must refund the bond to the tenants, minus the rent that was still owed. The tenants asked for their bond back, and the landlord agreed, but wanted to settle any remaining rent first.
⚖️ Legal holding
A tenant is entitled to a refund of their bond, subject to any outstanding rent owing.
📖 Technical summary
The Tribunal ordered the landlord to refund the bond to the tenants, apportioning the rent owing.
📜 Headnote Official document
The Tenancy Tribunal ordered the landlord to refund the bond to the tenants, deducting the rent owing. The tenants had applied for a refund of their bond, and the landlord agreed, subject to the final calculation of rent.
📚 Full judgment Official document
__________________________________________________________________________________ 5184971 1
[2025] NZTT 5184971
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The [COMPANY] is to pay the bond of $3,800.00 (5751503-002) immediately apportioned as follows:
[NAME] As Trustee Of [COMPANY]: $678.57
[NAME] and [NAME]: $3,121.43
Reasons:
1. All parties attended the hearing held by telephone today.
2. The tenants have applied for refund of their bond. The landlord agrees to this subject to final calculation of rent to the end date of the tenancy.
3. After hearing from both parties, my decision is that the tenancy ended on 22 November 2024.
4. The landlord has provided a rent ledger and the tenants do not dispute the record of payments made.
__________________________________________________________________________________ 5184971 2
5. I calculate that there is rent owing of $678.57 up to 22 November 2024.1
6. The tenants agree to pay this amount to the landlord from the bond.
7. I have made an order that the bond be refunded accordingly.
8. I make no order for the filing fee.
9. Neither party seeks suppression of name.
10. I advised the parties today that if a tenant applies to the Tribunal for refund of their bond, and the landlord seeks payment of part of the bond, then the law says the landlord must file their own application with the Tribunal; see section 22B(2) Residential Tenancies Act 1986.
N Maplesden 30 April 2025
1 Total rent payable from start of tenancy on 2/10/2023 to 22/11/2024 is $56,728.57 ($950 per week). Total rent paid during tenancy (from landlord’s rent ledger) is $56,050.00. Total rent payable minus total rent paid is $56,728.57 - $56,050.00 = $678.57 to pay.
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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.
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 tenants requested a refund of their bond.
- The landlord agreed to the refund after rent was calculated.
- The rent ledger showed the amount of rent owed.
- The tenants agreed to pay the outstanding rent from the bond.
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 refund the bond to the tenants, minus the rent owing.
What was the dispute about?
The dispute was about whether the landlord should refund the bond to the tenants, considering the rent that was still owed.
How did the court decide, and why?
The court decided that the bond should be refunded, but with the rent owing deducted, based on the evidence presented by both parties.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 22B(2), was applied.
What was the argument that mattered most?
The argument that mattered most was the calculation of the rent owing and the agreement between the landlord and tenants.
Was the decision for or against the person who brought the case?
The decision was for the tenants, as they received their bond back, minus the rent owing.
What does this mean for someone in a similar situation?
For tenants in a similar situation, they may be able to receive their bond back, but any outstanding rent must be deducted.
What evidence or documents mattered?
The rent ledger provided by the landlord and the agreement between the landlord and tenants mattered in this decision.