Residential Tenancies Act 1986

Tenancy agreements - Key money, bonds, and rents

22A: Applications to chief executive for payment of bond without agreement of other party

You could also call this:

"Apply to get your bond back without the other person's agreement"

Illustration for Residential Tenancies Act 1986

You can apply to the chief executive for your bond to be paid without the other party's agreement. You must make the application in the approved form and say what type of bond it is and how much you want. The chief executive will tell the other party about your application and ask if they want to contest it. You can make the application at any time after the tenancy ends if you are the tenant, but if you are the landlord, you must make it within 2 months. The other party has 10 working days to say if they want to contest your application. If they do not respond, the chief executive will either pay your bond or tell you to go to the Tribunal. If the other party agrees to your application, the chief executive will pay your bond. If the other party wants to contest your application, the chief executive will tell you how to apply to the Tribunal. You will then need to go to the Tribunal to sort out the dispute.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3292122.

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22: Agreed applications to chief executive for payment of bond, or

"When both the landlord and tenant agree, they can ask for the bond money to be paid out"


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22B: Applications to, and orders by, Tribunal, or

"The Tenancy Tribunal can decide who gets the bond money if there's a disagreement between the landlord and tenant."

Part 2Tenancy agreements
Key money, bonds, and rents

22AApplications to chief executive for payment of bond without agreement of other party

  1. This section applies to an application for payment of a bond, or part of a bond, made by a party (party A) without the agreement of the other party (party B).

  2. The application must—

  3. be made in the approved form; and
    1. identify the type or types of bond to which the application relates and the amount requested for each type.
      1. The application may be made at any time after the termination of the tenancy if party A is the tenant, but must be made within 2 months of the termination of the tenancy if party A is the landlord.

      2. On receiving the application, the chief executive must notify party B of the application and invite party B to indicate, within 10 working days after being notified, whether or not party B wishes to contest the application.

      3. An indication by party B must be in writing, unless the chief executive waives that requirement.

      4. If party B indicates that he or she wishes to contest the application, the chief executive must tell the parties how to apply to the Tribunal for a determination of the dispute.

      5. If party B does not respond to the invitation to indicate whether or not party B wishes to contest the application, the chief executive must—

      6. pay the bond (or, as the case requires, part of the bond) in accordance with the application; or
        1. decline to make a decision and tell the parties how to apply to the Tribunal for a determination.
          1. If party B agrees to the application, the chief executive must pay the bond (or, as the case requires, part of the bond) in accordance with the application.

          Notes
          • Section 22A: inserted, on , by section 18 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
          • Section 22A(1): amended, on , by section 14(1) of the Residential Tenancies Amendment Act 2024 (2024 No 52).
          • Section 22A(1A): inserted, on , by section 14(2) of the Residential Tenancies Amendment Act 2024 (2024 No 52).