Tenant's Bond Refund Claim Dismissed Due to Inconsistent Evidence
📌 In brief
The Tenancy Tribunal dismissed a tenant's claim for a bond refund of $1,700.00 because the tenant's evidence about the bond amount and rent payments was inconsistent and unclear.
⚖️ Legal holding
A tenant's claim for a bond refund cannot be substantiated if the evidence provided is inconsistent and unclear.
📖 Technical summary
The claim was dismissed due to inconsistencies in the evidence presented by the tenant.
📜 Headnote Official document
The Tenancy Tribunal dismissed a tenant's claim for a bond refund of $1,700.00 due to inconsistencies in the evidence presented by the tenant regarding the amount of the bond and the rent payments.
📚 Full judgment Official document
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[2025] NZTT 5218451
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: [ADDRESS], Te Atatu South, Auckland 0602
ORDER 1. The application is dismissed.
Reasons: 1. Both parties attended the hearing. 2. There was no written tenancy agreement but both the Tenant and Landlord
agreed there was a verbal tenancy that began on 14 March 2025. The parties disagreed when the tenancy ended. The tenant claimed it ended on 28 March 2025, while the landlord stated the tenant stayed at the property for approximately one and a half months.
3. The Tenant originally claimed a refund of the bond and compensation, but during the hearing she withdrew her compensation claim.
4. The Tenant proceeded with her claim for a bond refund of $1,700.00 and submitted a screenshot from her internet banking as evidence of this payment.
5. When the Tribunal questioned whether the $1700.00 was made up of three weeks’ rent, the Tenant stated that the bond was actually $1,275.00. She also explained that the rent was initially $350.00 per week, which was later raised to $420.00 per week. At another point in the hearing, she claimed the bond was $1,260.00 which she said she paid on 12 March 2025.
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6. The landlord, on the other hand, confirmed the Tenant paid $1,700.00 on 12 March 2025, and explained that this payment covered two weeks’ bond, one week’s rent, and one week’s rent in advance. The landlord stated that the rent was originally set at $450.00 per week but was later reduced to $425.00. The landlord opposed any bond refund, arguing that the tenant left the property without cleaning it and failed to return the keys.
7. In considering the evidence, the Tribunal is not satisfied that the Tenant had clearly established what bond was paid. Although it was clear that $1,700.00 was paid, the breakdown of that amount was inconsistent and unclear from the Tenant. The explanations provided by both the tenant and the landlord did not add up, and the Tribunal could not determine with certainty how much of the payment was bond to refund to the Tenant.
8. The claim is dismissed.
A Aiolupotea
06 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. 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 landlord's argument that the tenant left the property without cleaning it and failed to return the keys was accepted.
❌ Tends to be rejected
- The tenant's claim for a bond refund of $1,700.00 was not clearly established.
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 claim for a bond refund of $1,700.00.
What was the dispute about?
The dispute was about whether the tenant was entitled to a bond refund of $1,700.00.
How did the court decide, and why?
The court decided to dismiss the claim because the tenant's evidence about the bond amount and rent payments was inconsistent and unclear.
Which laws or rules were applied?
No specific laws or rules were applied in this decision.
What was the argument that mattered most?
The inconsistency in the tenant's evidence about the bond amount and rent payments was the central reasoning of this case.
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 their evidence is consistent and clear to avoid having their claim dismissed.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.