What was Tenancy Tribunal case 5343690 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5343690?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5343690?

The dispute type was not classified.

Where can I read the official tribunal order for case 5343690?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12854026-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5343690 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5343690?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5343690?

The dispute type was not classified.

Where can I read the official tribunal order for case 5343690?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12854026-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5343690 — Tenancy dispute

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord’s name and identifying details.
The tenant’s application for a refund of the bond is dismissed.

Reasons

Both parties attended the hearing on 10 December 2025.
On 22 April 2025, the tenant and her then partner, [the tenant], entered into a tenancy with the landlord in respect of the premises at [the tenancy address]. The tenancy was for a fixed term, beginning on 9 May 2025 and ending on 8 May 2026.
A bond of $2,480.00 was paid.
On 4 July 2025, the tenant withdrew from the tenancy under section 56B of the Residential Tenancies Act 1986 (RTA). This section allows a tenant to withdraw from a fixed-term tenancy by giving the landlord at least 2 days’ notice and qualifying evidence that the tenant has been a victim of family violence while a tenant at the premises.
The tenant claims that they paid the entire bond themselves. The tenant submitted a copy of their bank statement, which shows payment of the bond from their bank account. The tenant claims it is unfair that the bond remains with the Bond Centre and seeks a refund of the bond in full.

Should the bond be refunded to the withdrawing tenant?

A tenant who withdraws from a tenancy under section 56B RTA, ceases to be responsible to the landlord for obligations under the tenancy agreement and RTA from the time of the withdrawal onwards. Their liability is limited to anything done or omitted to be done before the withdrawal. 1 Despite this, section 56B is silent on what should happen to the bond where a tenant withdraws from the tenancy on the grounds of family violence. This gap in the legislation presents real difficulties for people who withdraw from tenancies under section 56B, because in the absence of anything to the contrary, the bond must remain with the Bond Centre for the duration of the tenancy. Where a tenant withdraws from the tenancy under section 56B, the tenancy continues with the remaining tenant. 2 This means that unless all parties agree, a withdrawing tenant cannot access the bond, in part or in full, and use it to apply for a new tenancy. They must save up for a new bond from scratch. This is the case even if the withdrawing tenant has paid the whole or part of the bond.
Because the tenancy is ongoing, the bond must remain with Tenancy Services until the end of the tenancy as security for any outstanding liabilities.
For these reasons, I cannot order a refund of the bond, in part or in full, to the tenant.
If the tenant wants to access the bond, their options are: a. To reach an agreement with the landlord and remaining tenant about dispersal of the bond. If an agreement is reached, the parties should complete and sign a bond refund form, which can be provided to the Bond Centre to process any refund to the tenant. b. File proceedings in the Disputes Tribunal or Family Court against the remaining tenant, requesting an order that the remaining tenant pay the withdrawing tenant an amount equivalent to the bond. c. Wait until the end of the tenancy and file proceedings in the Tribunal for a refund of the bond. 1 Residential Tenancies Act 1986, section 56B(3)(a). 2 Residential Tenancies Act 1986, section 56B(3)(b). Filing fee and name suppression
The tenant has not been wholly or substantially successful with their claim and therefore, I do not order the landlord to reimburse the filing fee.
This case relates to withdrawal from a tenancy under section 56B RTA and therefore, I must order suppression of all parties’ names and identifying particulars.

Reasons

Both parties attended the hearing on 10 December 2025.

On 22 April 2025, the tenant and her then partner, [the tenant], entered into a tenancy with the landlord in respect of the premises at [the tenancy address]. The tenancy was for a fixed term, beginning on 9 May 2025 and ending on 8 May 2026.

A bond of $2,480.00 was paid.

On 4 July 2025, the tenant withdrew from the tenancy under section 56B of the Residential Tenancies Act 1986 (RTA). This section allows a tenant to withdraw from a fixed-term tenancy by giving the landlord at least 2 days’ notice and qualifying evidence that the tenant has been a victim of family violence while a tenant at the premises.

The tenant claims that they paid the entire bond themselves. The tenant submitted a copy of their bank statement, which shows payment of the bond from their bank account. The tenant claims it is unfair that the bond remains with the Bond Centre and seeks a refund of the bond in full.

Should the bond be refunded to the withdrawing tenant?

A tenant who withdraws from a tenancy under section 56B RTA, ceases to be responsible to the landlord for obligations under the tenancy agreement and RTA from the time of the withdrawal onwards. Their liability is limited to anything done or omitted to be done before the withdrawal. 1 Despite this, section 56B is silent on what should happen to the bond where a tenant withdraws from the tenancy on the grounds of family violence. This gap in the legislation presents real difficulties for people who withdraw from tenancies under section 56B, because in the absence of anything to the contrary, the bond must remain with the Bond Centre for the duration of the tenancy. Where a tenant withdraws from the tenancy under section 56B, the tenancy continues with the remaining tenant. 2 This means that unless all parties agree, a withdrawing tenant cannot access the bond, in part or in full, and use it to apply for a new tenancy. They must save up for a new bond from scratch. This is the case even if the withdrawing tenant has paid the whole or part of the bond.

Because the tenancy is ongoing, the bond must remain with Tenancy Services until the end of the tenancy as security for any outstanding liabilities.

For these reasons, I cannot order a refund of the bond, in part or in full, to the tenant.

If the tenant wants to access the bond, their options are: a. To reach an agreement with the landlord and remaining tenant about dispersal of the bond. If an agreement is reached, the parties should complete and sign a bond refund form, which can be provided to the Bond Centre to process any refund to the tenant. b. File proceedings in the Disputes Tribunal or Family Court against the remaining tenant, requesting an order that the remaining tenant pay the withdrawing tenant an amount equivalent to the bond. c. Wait until the end of the tenancy and file proceedings in the Tribunal for a refund of the bond. 1 Residential Tenancies Act 1986, section 56B(3)(a). 2 Residential Tenancies Act 1986, section 56B(3)(b). Filing fee and name suppression

The tenant has not been wholly or substantially successful with their claim and therefore, I do not order the landlord to reimburse the filing fee.

This case relates to withdrawal from a tenancy under section 56B RTA and therefore, I must order suppression of all parties’ names and identifying particulars.

Tenancy Tribunal case 5343690 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 5343690 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Should the bond be refunded to the withdrawing tenant?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Should the bond be refunded to the withdrawing tenant?

Topics & place

Residential Tenancies Act sections

Frequently asked questions