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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:

“How to ask for your bond money back when the other person doesn't agree”

You can apply to the chief executive for payment of a bond, or part of a bond, without the other party’s agreement. This is called making an application. If you’re the tenant, you can do this any time after the tenancy ends. If you’re the landlord, you must do it within 2 months of the tenancy ending.

When the chief executive gets your application, they will tell the other party about it. The other party has 10 working days to say if they want to disagree with the application. They need to say this in writing, unless the chief executive says they don’t have to.

If the other party says they want to disagree, the chief executive will tell both of you how to ask the Tribunal to solve the problem.

If the other party doesn’t respond, the chief executive can either pay the bond as you asked or decide not to make a decision. If they don’t make a decision, they’ll tell you how to ask the Tribunal to solve the problem.

If the other party agrees with your application, the chief executive will pay the bond as you asked.

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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 2 Tenancy 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 in the approved form 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 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.

  3. 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.

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

  5. 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.

  6. 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—

  7. 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).