Tribunal Awards Bond to Landlord After Payment to Ministry of Social Development
📌 In brief
The Tenancy Tribunal ruled that the landlord was entitled to the bond because they had previously paid an equivalent amount to the Ministry of Social Development. The Tribunal also determined that the tenant was properly notified through email.
⚖️ Legal holding
A landlord is entitled to the bond if they have paid an equivalent amount to the Ministry of Social Development.
📖 Technical summary
The Tribunal awarded the bond to the landlord and reimbursed the filing fee.
📜 Headnote Official document
The Tenancy Tribunal awarded the bond to the landlord after finding that the landlord had paid an equivalent amount to the Ministry of Social Development. The Tribunal also found that the tenant was properly served notice via email.
📚 Full judgment Official document
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[2025] NZTT 5216491
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room 3, Unit/Flat [ADDRESS], [POSTCODE], The Reserve
ORDER
1. The Bond Centre is to pay the bond of $870.00 (6554394-013) to [NAME] As Agent For [NAME] immediately.
Description Landlord Tenant Other $870.00 Filing fee reimbursement $27.00 Total award $897.00 Bond $870.00 Total payable by Tenant to Landlord $27.00
Reasons:
1. This is a reserved decision. The landlord attended the hearing which was conducted on 28 May 2025 by telephone. The tenant did not attend the hearing.
2. The landlord is seeking payment of the bond and reimbursement of the filing fee following the end of the tenancy.
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Was the tenant served notice of these proceedings in accordance with section 91A of the Residential Tenancies Act 1986 apply?
3. The landlord lodged the application to the Tribunal on 27 March 2025, which is more than 2 months after the tenancy terminated.
4. Section 91A of the Residential Tenancies Act 1986 (RTA) provides that where an application is filed more than two months after the end of the tenancy, the usual service rules no longer apply.
5. Section 91A(2) provides that in those circumstances, the application must be served either personally on the tenant, on someone over the age of 16 living at address where the tenant now lives, or by post to an address provided by the tenant within two months before the application was made.
6. However, on 20 March 2025, section 91A(2) was amended by, among other changes, the addition of section 91A(2)(e) which provides:
(2)If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— … (e) if the landlord files the application no later than 2 years after the termination of the tenancy to which it relates, by transmission to an email address given by the tenant as an address for service; or
7. Usually for an address given by one party to another to be an address for service, the party giving the address must have explicitly stated that it was being provided as address for service. I note that the template tenancy agreements from Tenancy Services allow the parties to record an email address and state that this is as an address for service.
8. The standard tenancy agreement was not used for this tenancy. The agreement does record the parties’ email addresses but does not state that they are addresses for service.
9. The tenant was served notice of this hearing at the same email address as stated in the tenancy agreement and in the bond lodgement form. I have obtained a copy of the bond lodgement form which records the tenant’s email address. The words “address for service” appear to have slipped over to the back page of the form and are not recorded next to the email address. However, the back page of the form states:
Tenant’s address for service: If you provide an email address, we will use this as the primary means for communication. If we need to contact
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you at a street address during your tenancy we will use the address of the rented property or the address for service you give us. A new address for service is required after the tenancy has ended.
10. I believe that it would have been clear to the tenant when signing this form that the email address was being provided to Tenancy Services as an address for services for matters relating to the bond.
11. This application relates solely to the bond. I find that the combined effect of recording his email address in the Bond Lodgement form and in the tenancy agreement (both of which are signed by the tenant) the tenant has indicated in writing that he may be served for matters relating to the bond at this email address.
12. I find that the tenant was served notice of these proceedings. The hearing proceeded in the tenant’s absence.
Is this tenancy an excluded tenancy? 13. The preliminary matter I must determine, is whether the Tribunal has jurisdiction
to consider this claim. The Tribunal can only consider disputes in relation to residential tenancies which fall within the RTA. Section 77 of the RTA relates to the jurisdiction of the Tenancy Tribunal, and states:
(1) The Tribunal has, subject to the Limitation Act 2010, jurisdiction to determine in accordance with this Act any dispute that— (a) exists between a landlord and a tenant or between a landlord and the guarantor of a tenant; and (b) relates to any tenancy to which this Act applies or to which this Act did apply at any material time.
14. The term ‘landlord’ is defined in section 2 as meaning:
landlord, in relation to any residential premises that are the subject of a tenancy agreement, means the grantor of a tenancy of the premises under the agreement;
15. And similarly ‘tenant’ as:
tenant, in relation to any residential premises that are the subject of a tenancy agreement, means the grantee of a tenancy of the premises under the agreement;
16. The term ‘residential premises’ is defined in section 2 as:
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residential premises means any premises used or intended for occupation by any person as a place of residence, whether or not the occupation or intended occupation for residential purposes is or would be unlawful
17. The term ‘tenancy’ is defined in section 2 as:
tenancy, in relation to any residential premises, means the right to occupy the premises (whether exclusively or otherwise) in consideration for rent; and includes any tenancy of residential premises implied or created by any enactment; and, where appropriate, also includes a former tenancy
18. Section 5 of the RTA sets out a range of situations when the tenancy will be ‘excluded’ from the RTA. Of particular relevance is subsection (1)(n), which confirms that the RTA will not apply:
where the premises, not being a boarding house, continue to be used, during the tenancy, principally as a place of residence by the landlord or the owner of the premises or by any member of the landlord’s or owner’s family:
19. While the RTA confirms that certain circumstances become ‘excluded tenancies’, the RTA also confirms that the parties can agree to contract back into the RTA. This ability if found in section 8(1) of the RTA:
Nothing in any of sections 5 to 7 shall prevent the parties to a tenancy that would otherwise be excluded from this Act by virtue of any of the provisions of those sections, being a tenancy of any premises used or intended to be used for residential premises, from agreeing in writing that all or any of the provisions of this Act shall apply in respect of the tenancy, either without modification or with such modifications as they may so agree.
20. The written agreement does not specifically state that the RTA applies. However, clause 4 of the agreement provides: “A bond of $870 will be held by the landlord in accordance with the Residential Tenancies Act”.
21. Section 19(1)(b) of the RTA provides that within 23 days of receipt of the bond, the landlord must lodge it with the Bond Centre. The Bond Centre’s records show that the bond was lodged with the Bond Centre.
22. The District Court has confirmed that payment of the bond to the Bond Centre is an indication that may support the parties intended for the Residential Tenancies Act 1986 to apply ([NAME] v [COMPANY] (as agents for [COMPANY]) DC North Shore, CIV- 2015-044-455, 10 July 2015).
23. I find that the parties have agreed to contract into the RTA for the purposes of the bond. The Tribunal has jurisdiction to hear the matter.
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Should the landlord be paid the bond?
24. The landlord says the bond should be paid to the landlord because the landlord has paid a sum equivalent to that amount to the Ministry of Social Development.
25. Prior to the commencement of the tenancy, the bond was paid by the Ministry of Social Development on behalf of the tenant. The landlord has provided evidence that she paid a sum equivalent to the bond to the Ministry of Social Development in the form of a bank statement and an email acknowledging the payment from the Ministry of Social Development.
26. The landlord said she made this payment to the Ministry of Social Development because the tenant was repeatedly asking her to repay the bond but was not cooperating with her when she would asked him to complete the bond return form.
27. Clearly this is not ideal. The system is designed for the Bond Centre to return the bond to the tenant directly. However, I am satisfied that a sum equivalent to the bond was paid to the Ministry of Social Development as repayment of the tenant’s bond. The Ministry of Social Development is a government department and can be trusted to deal with this payment appropriately.
28. Section 85 is a provision in the RTA which relates to decision making of the Tribunal and confirms that the Tribunal should looks to a fair resolution of the dispute, taking into account substantial merits and justice, not necessarily strict legal rights and technicalities.
29. I find that in this case, a fair resolution is for the bond to be paid to the landlord.
Filing fee:
30. [NAME] has wholly succeeded with the claim. For this reason, I order reimbursement of the filing fee.
[NAME]
30 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 [NAME]/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 [NAME]/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.[NAME]/disputes/enforcing-decisions https://www.[NAME]/disputes/enforcing-decisions http://www.[NAME]/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: [NAME]/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 landlord paid an equivalent amount to the Ministry of Social Development.
- The bond was properly lodged with the Bond Centre.
- The tenant was served notice via email as an address for service.
❌ Tends to be rejected
- The application was filed more than two months after the tenancy ended.
- The standard tenancy agreement was not used, which typically specifies email as an address for service.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided to award the bond to the landlord and reimburse the filing fee.
What was the dispute about?
The dispute was about whether the landlord was entitled to the bond after paying an equivalent amount to the Ministry of Social Development.
How did the court decide, and why?
The court decided in favour of the landlord because the landlord had paid an equivalent amount to the Ministry of Social Development and the tenant was properly served notice via email.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 54 and 91A were applied.
What was the argument that mattered most?
The argument that mattered most was that the landlord had paid an equivalent amount to the Ministry of Social Development, thus fulfilling their obligation under the Residential Tenancies Act.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have proof of payment to the relevant authority and that proper notice is given to the tenant.
What evidence or documents mattered?
The evidence that mattered included the landlord's bank statement and an email from the Ministry of Social Development confirming the payment, and the bond lodgement form indicating the tenant's email address as an address for service.