Tenant's Bond Refund Claim Dismissed: Premises Declared Unlawful

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[2026] NZTT 5514370, 5467810

TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]

ORDER

1. The applications are dismissed.

2. The Tribunal declares that the premises are unlawful residential premises. Section 78A Residential Tenancies Act 1986 (“RTA”).

Reasons:

1. The landlord attended the hearing held on 12 June 2026. The tenant did not attend the hearing.

2. The tenancy began on 14 February 2026 and ended on 18 March 2026. There was no tenancy agreement. The weekly rent was $550.00 and a bond of $1,100.00 was paid.

3. The tenant applied for refund of bond, a claim in relation to the Healthy Homes Standards and compensation.

4. The landlord applied for rent arrears and compensation due to damage to the carpet.

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Tenant application

5. The landlord advised that the bond money was refunded to the tenant on the day that she vacated the tenancy.

6. The tenant did not attend the hearing at the scheduled time, request an adjournment, or notify the Tribunal the matter has settled. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986.

7. The tenant’s application is dismissed.

Landlord application

8. The landlord advised that the tenancy was a downstairs bedroom with a bathroom. He said that the weekly rent included power, water, gas and internet.

9. The lounge and kitchen area for the tenant is the internal garage. The front of the garage is the garage door. Along one wall of the garage is a kitchen area with a sink, bench, stovetop and rangehood. There was no evidence of any heating in the lounge area.

10. The door between the tenant’s area and the rest of the house occupied by the landlord and his family is separated by a locked door. The tenant had access to her area by a door located on the side of the garage.

11. The Tribunal may declare premises to be unlawful residential premises. See section 77(2)(ac) Residential Tenancies Act 1986. Residential premises are unlawful if they cannot be lawfully occupied for residential purposes, and the landlord has caused or contributed to the unlawful occupation by failing to comply with sections 36 or 45(1)(c) RTA. See section 78A(2) RTA.

12. Where the Tribunal declares the residential premises to be unlawful, it must not make an order for rent arrears or compensation against the tenant unless, having regard to the special circumstances of the case, it would be unjust not to make the order. The Tribunal may order the return of all rent paid by the tenant, although it may deduct an amount from that sum if, in the special circumstances of the case, it would be fair to do so. The Tribunal may also make a work order requiring the landlord to remove any impediment to lawful occupation or to comply with any building, health or safety requirements. The Tribunal may make any of these orders on its own initiative, even if the tenant has not applied for a particular order. See sections 78A(3)(a), (4) and (5) RTA.

13. If the landlord has applied for termination for rent arrears, and the Tribunal declares the residential tenancy to be unlawful, the Tribunal may order termination, but it is not required to do so. See section 78A(3)(b) RTA.

14. The landlord produced photographs of the premises including the garage area used by the tenant as a lounge and kitchen.

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15. On the evidence produced I am satisfied that this is an unlawful residential premise. The landlord’s claim for rent arrears is dismissed.

16. The landlord had applied for compensation due to damage to the carpet and ceiling. The landlord did not produce photographs from the beginning of the tenancy, so I am unable to determine that this damage was caused by the tenant. The landlord also did not produce an invoice for the repairs so there is no evidence of loss. The landlord’s claim for compensation due to damage is dismissed.

17. As neither party has been successful with their application I make no award for reimbursement of the filing fee. For the same reason I make no order for suppression as sought.

N Walker

12 June 2026

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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, or the failure to make an order, where the amount in dispute on appeal is

less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is 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: