Tenant Wins Bond Return Against Landlord - Tenancy Tribunal
📌 In brief
The Tenancy Tribunal ruled that the landlord must return the remaining bond to the tenants and pay back the filing fee since the landlord did not apply to the Tribunal.
⚖️ Legal holding
A tenant is entitled to the return of the bond if the landlord does not make an application to the Tribunal.
📖 Technical summary
The Tribunal ordered the landlord to return the remaining bond to the tenants and reimburse the filing fee.
📜 Headnote Official document
The Tenancy Tribunal ordered the landlord to return the remaining bond to the tenants and reimburse the filing fee, as the landlord did not make an application to the Tribunal.
📚 Full judgment Official document
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[2025] NZTT 5125352
TENANCY TRIBUNAL - [Event location suppressed]
APPLICANTS: [redacted]
Tenants
RESPONDENT: [redacted] [NAME]
Landlord
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants’ names and identifying details.
2. [COMPANY] As Agent For [NAME] must pay [The tenant/s] $27.00 immediately, being reimbursement of the filing fee.
3. The Bond Centre is to pay the bond of $750.00 ([Bond number suppressed]) to [The tenant/s] immediately.
Description Landlord Tenant Filing fee reimbursement $27.00 Total award $27.00 Bond $750.00 Total payable by Landlord to Tenant $27.00
Reasons:
1. This application was scheduled to be heard by video conference. All parties attended the hearing with Mr S stating that he was representing Ms S.
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2. The tenants have made an application for a return of the whole bond. I understand that of the original bond of $2,720.00, $1,970.00 has been returned to the tenants and $750.00 remains at the Bond Centre.
3. The landlord has disputed that the entire bond should be returned to the tenants because there is an outstanding issue of damage to the floor.
4. However, s22B(2) of the Residential Tenancies Act 1986 provides that if the tenants make an application to the Tribunal for the bond, and the landlord does not make an application to the Tribunal, then the bond must be returned to the tenants.
5. While the landlord disputes payment of the entire bond, the landlord has not made an application to the Tribunal and so I must return the remaining bond to the tenants.
6. As explained at today’s hearing, this does not prevent the landlord from making their own application against the tenants to the Tribunal in the future.
7. I am ordering the landlord to reimburse the filing fee to the tenants because the tenants were wholly successful in their claim against the landlord.
8. For the same reason, I am allowing the tenants’ application for suppression of their names.
C ter Haar 20 February 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 tenants applied for the return of the bond.
- Section 22B(2) of the Residential Tenancies Act 1986 supports returning the bond to tenants if the landlord does not apply to the Tribunal.
- The landlord did not apply to the Tribunal despite disputing the return of the bond.
❌ Tends to be rejected
- The landlord argued that there was an outstanding issue of damage to the floor.
- The landlord claimed the entire bond should not be returned due to the dispute over damage.
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 return the remaining bond to the tenants and reimburse the filing fee.
What was the dispute about?
The dispute was about whether the landlord should return the remaining bond to the tenants.
How did the court decide, and why?
The court decided in favour of the tenants because the landlord did not make an application to the Tribunal.
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 did not make an application to the Tribunal, thus entitling the tenants to the bond return.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation can expect the bond to be returned if the landlord does not make an application to the Tribunal.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.