Tenant Wins Bond Refund Due to Landlord’s Late Counterclaim
📌 In brief
The Tenant successfully obtained the refund of their bond from the Landlord because the Landlord did not file a counterclaim with Tenancy Services in time. The Tribunal ruled in favour of the Tenant under the Residential Tenancies Act 1986.
⚖️ Legal holding
A landlord must file a counterclaim with Tenancy Services within the required timeframe to prevent the automatic refund of the bond to the tenant.
📖 Technical summary
The bond is refunded to the tenant due to the landlord's failure to file a timely counterclaim.
📜 Headnote Official document
The Tenant applied for the refund of the bond, while the Landlord had a claim against the bond but failed to file a counterclaim with Tenancy Services in time. The Tribunal ordered the Landlord to pay the bond to the Tenant immediately, citing the Residential Tenancies Act 1986, s 22B(2).
📚 Full judgment Official document
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[2025] NZTT 5153386
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: Unit/Flat Flat 4, 39 Onehunga Mall, Onehunga, Auckland 1061
ORDER
1. The [COMPANY] is to pay the bond of $2,700.00 (3473373-009) to [NAME] immediately.
Description Landlord Tenant Total award Bond $2,700.00
Reasons:
1. Both parties attended the hearing by video.
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 in time.
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.
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Because the landlord has not filed a counterclaim the bond is refunded in full to the tenant.
4. The Tenant has claimed compensation for the distress and anxiety he experienced in not receiving the refund of the bond. The Tenant referred to the stress causing him to take time off work. To support this claim he sent a screenshot of a message he sent to his employer seeking leave to restore his energy and focus.
5. The Landlord submitted the Tenant was stressed because of his own actions. The text message he sent also did not refer to the Tenant being sick as a result of tenancy bond related issue either.
6. In considering the evidence, the Tenant has not proved he was suffering from stress because of the bond not being refunded and tenancy related issues. If he had presented a medical certificate for example which confirmed he was suffering from stress etc as a result of his tenancy issues, that would have bene more persuasive.
7. The claim is dismissed.
8. As neither the Tenant or Landlord have been substantially successful, name suppression is declined to both parties.
A Aiolupotea 23 April 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 applied for the refund of the bond.
- The landlord failed to file a counterclaim within the required timeframe.
❌ Tends to be rejected
- The landlord's claim for payment from the bond was dismissed due to the lack of a timely counterclaim.
- The tenant's claim for compensation due to distress and anxiety was dismissed because he did not provide sufficient proof of his condition.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision ordered the Landlord to pay the bond to the Tenant immediately, as the Landlord failed to file a counterclaim in time.
What was the dispute about?
The dispute was about whether the Landlord could make a claim against the bond after the Tenant requested its refund.
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 within the required timeframe.
Which laws or rules were applied?
The Residential Tenancies Act 1986, s 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 in time.
Was the decision for or against the person who brought the case?
The decision was for the Tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that any counterclaims are filed with Tenancy Services within the required timeframe.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that mattered.