What was Tenancy Tribunal case 5407429 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 5407429?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5407429?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5407429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13278971-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5407429 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 5407429?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5407429?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5407429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13278971-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 8, 223 Grey Street, Hamilton East, Hamilton Tenancy Tribunal Case 5407429 — Rent arrears

Order

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

Reasons

The landlord attended the hearing by phone Non-attendance and service on tenant
The tenant was telephoned on the phone number provided but the phone call went unanswered.
The tenant has not been properly served with the application, although she will have text message alerts on her phone.
I attempted to contact her emergency contact/agent named in the tenancy agreement to which this application relates to, and the tenant’s uncle named as her emergency contact /agent in her subsequent tenancy agreement.
The uncle provided the tenant’s current phone number however the phone call to her went to voice mail.
The tenant has not been served to the email address for service in the tenancy agreement, but that email address belongs to the Idea Services support manager who I gather is no longer dealing with the tenant (and contacted the Tribunal to have the email address for service removed from the Tribunal file).
Because the tenant has been notified of the claim by text message and not provided any further way to be served with the claim, I am satisfied all reasonable efforts have been made to serve the tenant.
I have dispensed with further service on the tenant and proceeded to hear this matter for the reasons that will come apparent below. 1
This order will be served to the tenant to the email address for service provided in the tenancy agreement (as well as the email address recorded in the subsequent tenancy agreement which the Tribunal has on file and relates to the same landlord) in any event, and she is referred to the rehearing notes at the end of this order. The claim for the bond
The landlord has applied for payment of the bond to off-set rent arrears in relation to the tenant’s subsequent tenancy with the landlord at a different address and under a separate tenancy agreement.
The law in relation to bonds is as follows. The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).
A bond means any sum of money payable or paid under a tenancy agreement as security for the observance and performance of the tenant’s obligations under the agreement and this Act; but does not include any sum payable or paid by way of rent. 2
Section 22B of the RTA says 22B Applications to, and orders by, Tribunal (1) If there is a dispute between the parties as to the payment of a bond, either party may apply to the Tribunal for an order determining to whom the bond, or any part of it, is to be paid. (2) If the tenant applies to the Tribunal and the landlord seeks payment of the bond in whole or in part, the landlord must file an application with the Tribunal that sets out the landlord’s counterclaim. (3) If, more than 2 months after the termination of a tenancy, the landlord seeks payment of a bond held in respect of that tenancy (emphasis added) but does not have the agreement of the tenant, the landlord may 1 RTA, s 91A and 91B 2 RTA, s 2. apply to the Tribunal for an order determining to whom the bond, or any part of it, is to be paid. (4) If the chief executive is satisfied that a tenancy has terminated and no application for payment of a bond, or part of a bond, has been made within a reasonable time, the chief executive may apply to the Tribunal for an order determining to whom the bond, or any part of it, is to be paid. (5) If the Tribunal makes an order concerning the payment of a bond, or part of a bond, the chief executive must make the payment in accordance with the terms of the order.
Section 77 RTA says the Tribunal has jurisdiction to determine 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.
I consider this provision limits the Tribunal to dealing with claims in respect of the parties and tenancy to which the application relates. In this case the claim for rent arrears is for a tenancy that these proceedings do not relate to. Further, in this case, in relation to this tenancy, the landlord has no claim to make in respect of the bond. The claim for the bond is for rent arrears in relation to a separate subsequent tenancy between the tenant and the property manager but a separate owner.
A previous application for rent arrears has been made but was withdrawn. 3 While I accept that rent arrears are owed in relation to the subsequent tenancy ($1,040 to 28 August 2025 in relation to the tenancy address Unit 1/2 Rm B Palmerston St, Hamilton Central, Hamilton 3204). I do not consider there is jurisdiction for the Tribunal to release the bond in relation to this tenancy to the landlord to off- set rent arrears in relation to the subsequent Palmerston St tenancy.
The bond is specifically held in relation to the original tenancy agreement and property. If a tenancy ends and a new tenancy begins (even if it involves the same parties), a new bond should be lodged for the new tenancy. The bond from the previous tenancy must be refunded or apportioned according to a Tribunal order or by agreement. Alternatively, the old and new landlord and tenant must properly complete a “Bond transfer form”. That has not happened in this case.
Because I consider there is no jurisdiction to make an order for payment of the bond to the landlord for the rent arrears of the subsequent tenancy the application is dismissed. The bond will remain with the bond centre. 3 [2026] NZTT 5325359 – order dated 3/3/26. Filing fee and suppression
As I am dismissing the application I have not ordered reimbursement of the filing fee.
The landlord did not seek name suppression.
The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published and may attach any conditions to that order the Tribunal considers appropriate. 4 As the claim against the tenant is dismissed I have suppressed the tenant’s name.

Order

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

Reasons

The landlord attended the hearing by phone Non-attendance and service on tenant
The tenant was telephoned on the phone number provided but the phone call went unanswered.
The tenant has not been properly served with the application, although she will have text message alerts on her phone.
I attempted to contact her emergency contact/agent named in the tenancy agreement to which this application relates to, and the tenant’s uncle named as her emergency contact /agent in her subsequent tenancy agreement.
The uncle provided the tenant’s current phone number however the phone call to her went to voice mail.
The tenant has not been served to the email address for service in the tenancy agreement, but that email address belongs to the Idea Services support manager who I gather is no longer dealing with the tenant (and contacted the Tribunal to have the email address for service removed from the Tribunal file).
Because the tenant has been notified of the claim by text message and not provided any further way to be served with the claim, I am satisfied all reasonable efforts have been made to serve the tenant.
I have dispensed with further service on the tenant and proceeded to hear this matter for the reasons that will come apparent below. 1
This order will be served to the tenant to the email address for service provided in the tenancy agreement (as well as the email address recorded in the subsequent tenancy agreement which the Tribunal has on file and relates to the same landlord) in any event, and she is referred to the rehearing notes at the end of this order. The claim for the bond
The landlord has applied for payment of the bond to off-set rent arrears in relation to the tenant’s subsequent tenancy with the landlord at a different address and under a separate tenancy agreement.
The law in relation to bonds is as follows. The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).
A bond means any sum of money payable or paid under a tenancy agreement as security for the observance and performance of the tenant’s obligations under the agreement and this Act; but does not include any sum payable or paid by way of rent. 2
Section 22B of the RTA says 22B Applications to, and orders by, Tribunal (1) If there is a dispute between the parties as to the payment of a bond, either party may apply to the Tribunal for an order determining to whom the bond, or any part of it, is to be paid. (2) If the tenant applies to the Tribunal and the landlord seeks payment of the bond in whole or in part, the landlord must file an application with the Tribunal that sets out the landlord’s counterclaim. (3) If, more than 2 months after the termination of a tenancy, the landlord seeks payment of a bond held in respect of that tenancy (emphasis added) but does not have the agreement of the tenant, the landlord may 1 RTA, s 91A and 91B 2 RTA, s 2. apply to the Tribunal for an order determining to whom the bond, or any part of it, is to be paid. (4) If the chief executive is satisfied that a tenancy has terminated and no application for payment of a bond, or part of a bond, has been made within a reasonable time, the chief executive may apply to the Tribunal for an order determining to whom the bond, or any part of it, is to be paid. (5) If the Tribunal makes an order concerning the payment of a bond, or part of a bond, the chief executive must make the payment in accordance with the terms of the order.
Section 77 RTA says the Tribunal has jurisdiction to determine 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.
I consider this provision limits the Tribunal to dealing with claims in respect of the parties and tenancy to which the application relates. In this case the claim for rent arrears is for a tenancy that these proceedings do not relate to. Further, in this case, in relation to this tenancy, the landlord has no claim to make in respect of the bond. The claim for the bond is for rent arrears in relation to a separate subsequent tenancy between the tenant and the property manager but a separate owner.
A previous application for rent arrears has been made but was withdrawn. 3 While I accept that rent arrears are owed in relation to the subsequent tenancy ($1,040 to 28 August 2025 in relation to the tenancy address Unit 1/2 Rm B Palmerston St, Hamilton Central, Hamilton 3204). I do not consider there is jurisdiction for the Tribunal to release the bond in relation to this tenancy to the landlord to off- set rent arrears in relation to the subsequent Palmerston St tenancy.
The bond is specifically held in relation to the original tenancy agreement and property. If a tenancy ends and a new tenancy begins (even if it involves the same parties), a new bond should be lodged for the new tenancy. The bond from the previous tenancy must be refunded or apportioned according to a Tribunal order or by agreement. Alternatively, the old and new landlord and tenant must properly complete a “Bond transfer form”. That has not happened in this case.
Because I consider there is no jurisdiction to make an order for payment of the bond to the landlord for the rent arrears of the subsequent tenancy the application is dismissed. The bond will remain with the bond centre. 3 [2026] NZTT 5325359 – order dated 3/3/26. Filing fee and suppression
As I am dismissing the application I have not ordered reimbursement of the filing fee.
The landlord did not seek name suppression.
The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published and may attach any conditions to that order the Tribunal considers appropriate. 4 As the claim against the tenant is dismissed I have suppressed the tenant’s name.

Tenancy Tribunal case 5407429 — Rent arrears at Unit/Flat Flat 8, 223 Grey Street, Hamilton East, Hamilton

At a glance

Tenancy Tribunal case 5407429 — Rent arrears at Unit/Flat Flat 8, 223 Grey Street, Hamilton East, Hamilton

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions