Tenant Wins Full Bond Refund Due to Agent Failure
📌 In brief
The Tenancy Tribunal ruled that the landlord must pay the tenant a full bond refund because the landlord's agent did not properly transfer the bond money.
⚖️ Legal holding
A tenant is entitled to a full bond refund when the landlord's agent fails to transfer the bond to the correct entity.
📖 Technical summary
The tenant is entitled to a full bond refund due to the landlord's agent's failure to transfer the bond.
📜 Headnote Official document
The Tenancy Tribunal ordered the landlord to pay a full bond refund to the tenant after the landlord's agent failed to transfer the bond to the correct entity.
📚 Full judgment Official document
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[2026] NZTT 5462410
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE], [NAME_3]
ORDER
1. The Tribunal orders suppression of the tenant’s name and identifying details.
2. The landlord is to pay $1,600.00 to the tenant immediately in refund of the bond.
Reasons:
1. The tenant attended the hearing.
2. The [NAME_4] did not attend the hearing. The Tribunal’s records confirm that the [NAME_4] was served with the Notice of Hearing.
3. The tenant has applied for refund of the bond. Section 22B(2) Residential Tenancies Act 1986 provides that, where a tenant applies for refund of the bond, and the landlord has not filed a counterclaim, the bond is to be refunded in full to the tenant.
4. The tenant provided evidence that he paid the bond of $1,600.00 to the [NAME_4] [NAME_2] on 1 July 2024 and that [NAME_2] went into liquidation on 13 March 2025.
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5. [COMPANY_5] have confirmed that the bond was not paid to it in respect of this tenancy.
6. The bond was not therefore transferred to the landlord’s new agent [NAME_1] when appointed by the landlord.
7. The tenant is entitled to refund of the bond by the landlord. The bond was paid to the [NAME_4]. Under the definition of “landlord” in section 2 RTA, this means that the bond was paid to the landlord. The tenant has not been a party to any contractual agreement between his agent [NAME_2] and the landlord. The tenant has no claim against [NAME_2]. His claim is against the landlord.
8. The tenant does not need to wait until the landlord has received the bond money from [NAME_2] or its liquidator. That is an issue between those parties. The tenant is entitled to a refund from the landlord. It is not the tenant’s problem that the landlord chose an incompetent agent who did not pay the bond to [COMPANY_5] as legally required.
9. The landlord has a claim against [NAME_2]’s liquidator on the basis that the bond received by [NAME_2] was the tenant’s money and not [NAME_2]’s. It is not therefore an asset available to the liquidator.
10. In accordance with the general principles of the law and the substantial merits and justice of the case, it is appropriate to order the landlord to refund the full bond to the tenant immediately.
G Baker 10 June 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 [NAME_1]. 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:
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the landlord to pay a full bond refund to the tenant.
What was the dispute about?
The tenant argued that the landlord's agent failed to transfer the bond money to the correct entity.
How did the court decide, and why?
The court decided in favour of the tenant, ruling that the landlord must refund the full bond because the agent's failure was the landlord's responsibility.
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 tenant's argument that the landlord's agent's failure to transfer the bond was the landlord's responsibility was the most important.
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 can seek a full bond refund if their landlord's agent fails to transfer the bond money correctly.
What evidence or documents mattered?
Evidence showing the payment of the bond to the landlord's agent and confirmation that the bond was not transferred to the landlord's new agent mattered.