Tenant's Bond Refund Claim Dismissed by Tenancy Tribunal
📌 In brief
The Tenancy Tribunal dismissed a tenant's request for a bond refund and reimbursement of filing fees because the tenant did not provide enough evidence to support their claim.
⚖️ Legal holding
A tenant must provide sufficient evidence to prove their claim to the civil standard of proof, on the balance of probabilities.
📖 Technical summary
The claimant's application for bond refund and reimbursement of filing fees was dismissed due to insufficient evidence.
📜 Headnote Official document
The Tenancy Tribunal dismissed the tenant's application for bond refund and reimbursement of filing fees due to insufficient evidence provided by the tenant.
📚 Full judgment Official document
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[2025] NZTT 5192873
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The application is dismissed.
Reasons:
1. The Tenant attended the hearing by telephone, The Landlord did not answer the telephone calls made by the Tribunal on the phone number provided.
2. The Tenant applied for refund of the bond and reimbursement of the filing fee.
3. The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
4. The Tenant submitted this was an oral tenancy agreement that commenced on 11 April 2023 and ended on 31 January 2025. A written tenancy agreement was never provided to the Tenant. The Tenant submitted they lived in a separate one-bedroom self-contained unit at the rear of the Landlord’s property. They paid $300.00 rent per week which included power and internet. The Tenant had their own separate entrance and access to the unit was restricted to the Tenant. The Landlord also had a key but never entered the unit.
5. I am satisfied this is a Tenancy Agreement however the Tenant has not provided evidence of the bond paid to the Landlord. The Tenant was provided
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time after the hearing to file evidence of this payment however nothing has been received by the Tribunal. Evidence should be readily available to the Tribunal so that applications can be processed expediently. The applicant has not satisfied me that it is more likely than not that.
6. The claim is dismissed.
A Aiolupotea
04 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 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 tenant claimed they lived in a separate one-bedroom self-contained unit.
- The tenant stated they paid $300.00 rent per week which included power and internet.
❌ Tends to be rejected
- The tenant did not provide evidence of the bond paid to the landlord.
- The tribunal required the tenant to provide evidence to the civil standard of proof, on the balance of probabilities.
- The tenant was unable to provide evidence of the bond payment requested by the tribunal.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal dismissed the tenant's application for bond refund and reimbursement of filing fees.
What was the dispute about?
The tenant requested a refund of the bond and reimbursement of the filing fees.
How did the court decide, and why?
The court decided to dismiss the application because the tenant failed to provide sufficient evidence to meet the civil standard of proof.
Which laws or rules were applied?
No specific laws or rules were cited in the judgment.
What was the argument that mattered most?
The argument that mattered most was the requirement for the tenant to provide sufficient evidence to prove their claim.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have sufficient evidence to support their claim before applying to the Tenancy Tribunal.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.