Tenant Wins Bond Claim Over Landlord's Failure to File Counterclaim
📌 In brief
The Tenancy Tribunal ruled in favour of the tenant, awarding the full bond amount of $2,880.00. The landlord failed to file a counterclaim with Tenancy Services, as required by law, leading to the tenant receiving the full bond.
⚖️ Legal holding
A landlord must file a counterclaim with Tenancy Services to offset a tenant's bond claim under the Residential Tenancies Act 1986.
📖 Technical summary
The Tribunal awarded the tenant the full bond amount due to the landlord's failure to file a counterclaim.
📜 Headnote Official document
The Tenancy Tribunal at Palmerston North awarded the tenant the full bond amount of $2,880.00 after the landlord failed to file a counterclaim with Tenancy Services as required by the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5248553
TENANCY TRIBUNAL AT PALMERSTON NORTH | TE TARAIPIUNARA RETIHANGA KI TE PAPAIOEA
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The [COMPANY] is to pay the bond of $2,880.00 (BN-00009072) immediately apportioned as follows and as set out in the table below:
[NAME] and [NAME]: $555.63
[NAME] and [NAME]: $2,324.37
Description Landlord Tenant Rent arrears $500.00 Water rates $82.63 Filing fee reimbursement $27.00 Total award $582.63 $27.00 Net award $555.63 Bond $555.63 $2,324.37
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Reasons:
1. The landlord attended the hearing.
2. The tenant was telephoned twice on the number provided but did not answer.
3. The tenant has applied for refund of the bond. The landlord has a claim against the bond, but has not filed a counterclaim with Tenancy Services.
4. Section 22B(2) Residential Tenancies Act 1986 provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim. Because the landlord has not filed a counterclaim the bond must be to the tenant.
5. The tenant had agreed in an email to the Tribunal to the following payments to the landlord from the bond:
a. Rent arrears of $500.00,
b. Water rates of $82.63 for which the landlord has provided an invoice.
6. The tenant’s claim for compensation is dismissed as no evidence was provided and the tenant did not attend the hearing and make representations regarding this claim.
7. [NAME] has wholly succeeded with the claim I must reimburse the filing fee. See section 102(4) RTA.
G Baker
27 May 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 successfully claimed a refund of the bond.
- The tenant agreed to pay rent arrears and water rates from the bond.
- The filing fee was reimbursed to the tenant.
❌ Tends to be rejected
- The landlord's claim against the bond was dismissed due to lack of a filed counterclaim.
- The tenant's claim for compensation was dismissed due to lack of evidence and non-attendance.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision awarded the tenant the full bond amount of $2,880.00.
What was the dispute about?
The dispute was about whether the landlord could offset the bond claim with a counterclaim without filing it properly with Tenancy Services.
How did the court decide, and why?
The court decided in favour of the tenant because the landlord did not file a counterclaim with Tenancy Services as required by law.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 22B(2), was applied.
What was the argument that mattered most?
The argument that mattered most was that the landlord did not file a counterclaim with Tenancy Services as required by law.
Was the decision for or against the person who brought the case?
The decision was for the tenant who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, if the landlord fails to file a counterclaim with Tenancy Services, the tenant is entitled to receive the full bond amount.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.