Tenant Wins Bond Refund Due to Landlord's Failure to File Counterclaim
📌 In brief
The Tenancy Tribunal ruled that the landlord must return the tenant's bond of $1,500.00 because the landlord failed to file a counterclaim as required by law. This decision ensures that the tenant receives their bond back without delay.
⚖️ Legal holding
A landlord must file an application setting out the details of a counterclaim to prevent the automatic refund of the bond to the tenant.
📖 Technical summary
The bond must be returned to the tenant due to the landlord's failure to file a counterclaim.
📜 Headnote Official document
The Tenancy Tribunal ordered the Bond Centre to return the bond of $1,500.00 to the tenant immediately, as the landlord had not filed a counterclaim as required by the Residential Tenancies Act 1s 22B(2).
📚 Full judgment Official document
__________________________________________________________________________________ 5151937 1
[2025] NZTT 5151937
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The Bond Centre is to pay the bond of $1,500.00 (6033125-006) to [NAME] and [NAME] immediately.
Description Landlord Tenant Total award Bond $1,500.00
Reasons:
1. Both parties attended the hearing via remote teleconference.
2. 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.
3. 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 is refunded in full to the tenant.
__________________________________________________________________________________ 5151937 2
4. The landlord says the tenants are responsible for damage to the property following the end of the tenancy on or about 12 December 2024. The tenants do not accept the landlord’s claim.
5. As explained to the landlord’s during the hearing bond money belongs to the tenants and must be returned at the conclusion of the tenancy. Bond money can only be released to the landlord either by mutual agreement between the parties or by order of the Tenancy Tribunal.
6. In the absence of a cross application from the landlord I am satisfied that the bond in respect of this tenancy must be returned to the tenants immediately.
7. The tenants do not seek reimbursement of the filing fee.
[NAME]
24 April 2025
__________________________________________________________________________________ 5151937 3
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/
__________________________________________________________________________________ 5151937 4
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 bond must be refunded to the tenant because the landlord did not file a counterclaim.
- The bond money belongs to the tenants and must be returned at the end of the tenancy.
- Bond money can only be released to the landlord by mutual agreement or by order of the Tenancy Tribunal.
- The bond must be returned to the tenants immediately due to the absence of a cross application from the landlord.
❌ Tends to be rejected
- The landlord's claim for property damage did not prevent the bond refund because no counterclaim was filed.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the Bond Centre to return the bond of $1,500.00 to the tenant immediately.
What was the dispute about?
The dispute was about whether the landlord could withhold the tenant's bond without filing a counterclaim.
How did the court decide, and why?
The court decided to return the bond to the tenant because the landlord did not file a counterclaim as required by law.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 22B(2) was applied.
What was the argument that mattered most?
The argument that mattered most was that the landlord failed to file a counterclaim 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?
Someone in a similar situation should ensure that the landlord files a counterclaim if they wish to withhold the bond.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that mattered.