Tenant's Bond Refund Dispute with Co-Tenant Not Within Tenancy Tribunal Jurisdiction

OUTCOME: Dismissed

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[2026] NZTT 5437368

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Tenant

RESPONDENT: [redacted]

Landlord

TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]

ORDER

1. The application is dismissed.

Reasons:

1. Both landlords attended the hearing. One tenant, Ms [APPELLANT] appeared but Mr [APPELLANT] did not attend.

2. The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

3. The applicant Ms [APPELLANT] filed an application for the recovery of part of the bond after it was refunded in full to the other tenant, Mr [APPELLANT].

4. It was confirmed by the landlord that both parties were tenants but during the tenancy each had called to say they were thinking of leaving. The landlord asked for this in writing but never received anything. The tenancy was never varied to remove a tenant.

5. At the end of the tenancy the landlord said Mr [APPELLANT] was persistently requesting the refund of the bond. He signed the bond release form and contacted Ms [APPELLANT]

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who said that she also sought some of the bond refund. The landlord tried to stop the bond release but was unable to.

6. Ms [APPELLANT] confirmed that she has no claim against the landlord. Her dispute is with Mr [APPELLANT] for her share of the bond refunded to him.

7. As discussed in the hearing the Residential Tenancies Act 1986, RTA, applies to every tenancy for residential purposes except as specifically provided, and the Tenancy Tribunal has jurisdiction to hear and determine any dispute between a landlord and a tenant in respect of any tenancy to which the Act applies. See Section 4 and 77(1) of the RTA.

8. This dispute is not between a landlord and a tenant but is between tenants and therefore the Tenancy Tribunal does not have the jurisdiction to hear the claim.

9. The applicant could consider if the Disputes Tribunal is the appropriate place to have this issue determined.

10. The application is dismissed.

11. The applicant was not successful, and name suppression is not granted.

[NAME]

29 May 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: