What was Tenancy Tribunal case 5390110 about?

The tribunal order states: The Bond Centre is to pay the bond of $2,360.00 ([Bond number suppressed])

How much money was awarded in case 5390110?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5390110?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5390110?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13323132-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5390110 about?

The tribunal order states: The Bond Centre is to pay the bond of $2,360.00 ([Bond number suppressed])

How much money was awarded in case 5390110?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5390110?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5390110?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13323132-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5390110 — Rent arrears

Tenantcheck Insights

Reasons

Both parties attended the remote hearing. One of the tenants attended on behalf of both tenants.

The landlord has applied for rent arrears, payment of the bond and reimbursement of the filing fee following the end of the tenancy.

The tenancy was a fixed term tenancy commencing 6 May 2025 and ending 6 May 2026. The tenancy ended by way of the tenants both withdrawing from the tenancy following family violence pursuant to section 56B of the Residential Tenancies Act 1986 (RTA). The withdrawal notice was emailed to the landlord on 10 November 2025 and provided for a termination date of 13 November 2025.

The landlord raises a concern about the context of their communication prior to the withdrawals being served on them. They consider it is unfair that they have been disadvantaged by the family violence withdrawal. They were unable to re- tenant the property and it has now been sold.

The tenant seeks refund of their bond and rely on their family violence withdrawal notice and statutory declarations completed separately by both tenants. The Law – Family Violence Withdrawal

The relevant law that applies is found in the RTA. The RTA provides the following in relation to family violence withdrawals: 56B Withdrawal from tenancy following family violence (1)A tenant under a fixed-term or periodic tenancy may withdraw from the tenancy by giving at least 2 days’ notice to the landlord if— (a)the notice is accompanied by qualifying evidence that either or both of the following apply: (i)the tenant has been a victim of family violence while a tenant of the premises: (ii)the tenant’s dependant has been a victim of family violence while residing at the premises with the tenant; and (b)the notice is in the approved form and includes the prescribed information. (2)If there are no other tenants under the tenancy at the time of the withdrawal, the tenancy terminates... ...(8) In this section,— family violence has the meaning given to it by section 9 of the Family Violence Act 2018 ... ...qualifying evidence means— (a)a declaration in the approved form made by a person who is prescribed, or is of a class prescribed, for the purposes of this subsection; or (emphasis added) (b) evidence, in the approved form, of a prescribed type.

“Family violence” is defined by section 9 of the Family Violence Act 2018 (FVA). It includes physical and psychological abuse inflicted against a person by another person with whom the victim is in a “family relationship”. The meaning of “family relationship” is defined over sections 12-14 FVA and includes spouses and partners, family members, people who ordinarily share a household, and people in a close personal relationship. A “family member” is anyone related by blood, marriage, civil union, de facto partnership, or adoption. It also includes anyone who is a member of the person’s whanau or other culturally recognised family group. A perpetrator of family violence does not need to be living in the premises for the s 53B RTA provisions to apply. 1

The Residential Tenancies (Termination for Physical Assault by Tenant and Withdrawal Following Family Violence) Regulations 2022 provides: 7 Information to be included in withdrawal notice following family violence The information to be included in a notice under section 56B(1)(b) of the Act is— (a) the name of the withdrawing tenant; and (b) the address of the premises to which the notice relates; and (c) the date when the withdrawal will take effect. 8 Persons whose declarations are qualifying evidence The persons whose declarations may be qualifying evidence for the purposes of paragraph (a) of the definition of that term in section 56B(8) of the Act are as follows: (a) the withdrawing tenant: ...

Section 77 (7B) of the RTA says: The Tribunal does not have jurisdiction to determine a dispute so far as it raises a question as to whether, in respect of a tenant who gives notice accompanied by qualifying evidence under section 56B,— (a) the tenant has been a victim of family violence while a tenant of the premises; or (b) the tenant’s dependant has been a victim of family violence while residing at the premises with the tenant.

In a recent case the Tribunal has explained the position: 2

As such the Tenancy Tribunal cannot look behind a withdrawal from a tenancy based on family violence so long as it is given in the prescribed form and with qualifying evidence. As the Tribunal has no grounds to question the evidential basis for such a statement, it follows that a landlord has no grounds to question the evidential basis of a declaration made by someone under Regulation 8 of the Regulations.

The introduction of s 56B to the RTA by the Residential Tenancies Amendment Act 2020 reflects the Government’s response to calls for greater protection for victims of family violence. The purpose of s 56B is to protect victims of family violence by allowing them to exit their tenancy obligations quickly and safely.

The plain language of s 56B and the prescribed straightforward form, available for download on the Ministry of Business, Innovation and Employment’s Tenancy Services website, outlines the requirements for withdrawal in such circumstances. The specific wording recognises the challenges for a party experiencing family violence.

The provisions focus on procedural mechanisms, presumably to facilitate quick and effective withdrawal from tenancies, and are quite prescriptive. Precision is necessary because a 48-hour notice provision of this kind could potentially undermine the integrity of the legal framework governing the termination of residential tenancies if it were not strictly defined and therefore be open to abuse.

The supporting evidence criteria are intended to ensure that the claims are credible and based on evidence, striking a fair balance between tenant safety and, a landlord’s certainty of tenure. The criteria are designed to ensure that only genuine cases of family violence are considered under s 56B. 1 Barfoot & Thompson Limited As Agent For James Chen v X [2023] NZTT 4542711 2 Tenant v Landlord [2025] NZTT 5065674.

Accordingly, the Tribunal’s role under s 56B is primarily to verify that the tenant’s notice and accompanying evidence meet the formal requirements outlined in the statute and prescribed forms. The level of prescription means that the Tribunal is not required to enquire into the merits of a tenant’s claim. (footnotes omitted) This case

The tenants could only be held liable for rent for the remainder of part or all of the fixed-term (or to earlier re-letting if that had occurred) if they vacated the premises in breach of the tenancy agreement. Instead, both tenants vacated pursuant to a legal right to end the tenancy.

The Tribunal cannot look behind a properly served approved form for withdrawal from a tenancy based on family violence with evidence. The landlord accepted that the proper form and statutory declaration had been served on them. The Tribunal does not have jurisdiction to determine a dispute, so far as it raises a question as to whether the tenants were in fact a victim of family violence while a tenant of the premises and I therefore did not hear evidence as to the nature of the family violence. 3

Both tenants ceased being liable for rent on expiry of the notice period set out in their withdrawal from the tenancy. The tenancy terminated on the 13 November 2026. The landlord is not entitled to rent after the tenancy terminated for both of these tenants. As a result of this finding I have made an order that the bond is refunded to the tenant. 4 Filing fee and Suppression

As the landlord has been unsuccessful in the claim, I have not reimbursed the filing fee.

The Tribunal must, in any proceedings that relate to a withdrawal from a tenancy under section 56B RTA, order that the names and any identifying particulars of the parties not be published. 5 Accordingly, the parties' names and identifying details are suppressed. 3 RTA, s 77(7B). 4 RTA, s 22B. 5 RTA s 95A (1A).

Reasons

Both parties attended the remote hearing. One of the tenants attended on behalf of both tenants.

The landlord has applied for rent arrears, payment of the bond and reimbursement of the filing fee following the end of the tenancy.

The tenant seeks refund of their bond and rely on their family violence withdrawal notice and statutory declarations completed separately by both tenants. The Law – Family Violence Withdrawal

In a recent case the Tribunal has explained the position: 2

As the landlord has been unsuccessful in the claim, I have not reimbursed the filing fee.

Tenancy Tribunal case 5390110 — Rent arrears

At a glance

Claims & awards

Tenancy Tribunal case 5390110 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions