Tenant Entitled to Remaining Bond After Claims Settled
📌 In brief
The Tenancy Tribunal decided that the bond should be split between the landlord and tenant after the landlord's claims were settled through bond money. The filing fee was taken from the bond.
⚖️ Legal holding
A tenant is entitled to receive the remaining bond after the landlord's claims have been settled through the bond money.
📖 Technical summary
The bond was apportioned between the landlord and the tenant, with the filing fee deducted from the bond.
📜 Headnote Official document
The Tenancy Tribunal ruled that the bond was to be apportioned between the landlord and tenant after the landlord's claims were settled through bond money. The filing fee was deducted from the bond.
📚 Full judgment Official document
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[2025] NZTT 5206053
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The Bond Centre is to pay the bond of $369.57 (3319335-006) immediately apportioned as follows:
[COMPANY] As Agent For [NAME] And [NAME]:
$27.00
[NAME] and [NAME]: $342.57
Description Landlord Tenant Filing fee reimbursement $27.00 Total award $27.00 Bond $27.00 $342.57
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Reasons:
1. Both parties attended the hearing via remote teleconference. There was no attendance from the tenant [NAME].
2. The landlord filed this application in respect of vacated rent arrears and compensation for a break lease fee. The tenancy ended on 29 January 2025. The tenancy started on 9 May 2024 and was subject to a 12-month fixed term agreement. The tenants vacated early due to personal and financial reasons.
3. The landlord claimed rent arrears of $619.81, a break lease fee of $1262.78 and reimbursement of the filing fee.
4. Enquiries with the bond centre after the hearing revealed that the amount of $2110.43 had already been released from the bond and paid to the landlord on 5 March 2025. The bond centre confirmed a bond balance of $369.57.
5. The landlord also confirmed by email to the registry after the hearing that all invoices have been covered by the bond money released on 5 March 2025. This included a water invoice for $227.84.
6. Given that the compensation sought by the landlord has now been settled by way of bond money there is no need for the Tribunal to make any further orders in respect of these claims. They have now been paid.
7. Accordingly, I release the remaining bond to the tenant. The filing fee is deducted from the bond.
8. [COMPANY] As Agent For [NAME] And [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
M Manhire
08 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's claims were settled through the bond money.
- The bond centre confirmed the remaining bond balance.
- The landlord confirmed that all invoices were covered by the bond money.
- The tenant is entitled to receive the remaining bond after the landlord's claims were settled.
❌ Tends to be rejected
- The tenant did not attend the hearing.
- The landlord claimed rent arrears and a break lease fee.
- The landlord requested compensation for a break lease fee.
- The landlord asked for reimbursement of the filing fee from the bond.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision ruled that the bond should be apportioned between the landlord and tenant after the landlord's claims were settled through bond money.
What was the dispute about?
The dispute was about the settlement of the landlord's claims for rent arrears and a break lease fee through the bond money.
How did the court decide, and why?
The court decided that the bond should be apportioned as the landlord's claims were already settled through bond money.
Which laws or rules were applied?
No specific laws or rules were mentioned in the decision.
What was the argument that mattered most?
The argument that mattered most was that the landlord's claims had already been settled through bond money.
Was the decision for or against the person who brought the case?
The decision was for the tenant, as the remaining bond was released to the tenant.
What does this mean for someone in a similar situation?
For someone in a similar situation, if the landlord's claims are settled through bond money, the remaining bond should be released to the tenant.
What evidence or documents mattered?
The evidence that mattered was the confirmation from the bond centre that the landlord's claims had been settled through bond money.