Tenant ordered to pay $4,310 in rent arrears and landlord to return bond
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay $4,310 in rent arrears to the landlord and the landlord must return the bond of $2,000 to the tenant. The tenant agreed to the refund of the bond during the hearing.
⚖️ Legal holding
A tenant is required to pay rent arrears to the landlord.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and the landlord to return the bond.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $4,310 in rent arrears to the landlord and the landlord to return the bond of $2,000. The tenant agreed to the refund of the bond.
📚 Full judgment Official document
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[2025] NZTT 5217751
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] For The A.W.J.I [NAME] Family Trust
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], Bell Block, New Plymouth 4312
ORDER
1. [NAME] must pay [NAME] And [NAME] As Trustees For The A.W.J.I [NAME] Family Trust $2,310.00 immediately, calculated as shown below:
Description Landlord Tenant Rent arrears to 4.5.2025 $4,310.00 Total award $4,310.00 Bond $2,000.00 Total payable by Tenant to Landlord $2,310.00
2. The [COMPANY] is to pay the bond of $2,000.00 (BN-00009850) to [NAME] And [NAME] As Trustees For The A.W.J.I [NAME] Family Trust immediately.
Reasons:
1. [NAME] and Mrs [NAME], representing the landlord, and [NAME], the tenant, all attended the teleconference hearing.
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2. The landlord has applied for termination of the tenancy and rent arrears. During the hearing, the landlord made an oral application for refund of the bond, which is dealt with below. Both parties confirmed that the tenancy address has been listed incorrectly on the application and should be [ADDRESS], Bell Block, New Plymouth 4312.
3. The Tribunal made an order dated 2 May 2025 terminating the tenancy and returning possession of the property to the landlord as of 2 May 2025, and adjourned the rent arrears claim for the landlord to provide an updated rent summary.
4. [NAME] said the landlord eventually regained possession of the property on 8 May 2025. He confirmed the landlord was claiming rent arrears up to 4 May 2025 and provided a rent summary confirming that rent arrears to 4 May 2025 are $4,310.00. The tenant said she thought this sounded like the correct amount of rent arrears owing.
Refund of the bond
5. The tenant wanted to apply the full bond of $2,000.00 to any rent arrears owing. As such, [NAME] made an oral application at the hearing for refund of the bond, to which [NAME] consented. In the circumstances, I am willing to grant the landlord’s oral application for refund of the bond.
6. The [COMPANY] is to pay the bond of $2,000.00 (BN-00009850) to [NAME] And [NAME] As Trustees For The A.W.& J.I [NAME] Family Trust immediately.
[NAME]
11 June 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 [NAME]/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 [NAME]/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.[NAME]/disputes/enforcing-decisions https://www.[NAME]/disputes/enforcing-decisions http://www.[NAME]/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: [NAME]/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 tenant agreed the amount of rent arrears was correct.
- The landlord applied for the bond to be refunded towards the rent arrears.
- The tenant consented to the bond being used to cover the rent arrears.
❌ Tends to be rejected
- The tenant attempted to dispute the total amount of rent arrears but did not provide any evidence or reason to challenge the amount.
- The tenant did not object to the landlord's application for bond refund during the hearing.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay $4,310 in rent arrears to the landlord and the landlord must return the bond of $2,000 to the tenant.
What was the dispute about?
The dispute was about the amount of rent arrears owed by the tenant and the refund of the bond held by the landlord.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and the landlord must return the bond because both parties agreed to these terms during the hearing.
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 agreement between the tenant and the landlord regarding the rent arrears and the bond refund.
Was the decision for or against the person who brought the case?
The decision was for the landlord, who brought the case regarding rent arrears and the bond refund.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have accurate records of rent payments and agreements with the landlord regarding bond refunds.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that were presented.