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22A: Applications to chief executive for payment of bond without agreement of other party
or “How to ask for your bond money back when the other person doesn't agree”

You could also call this:

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

If you and your landlord disagree about how to pay the bond, either of you can ask the Tribunal to decide who should get the money. This applies to all or part of the bond.

If you ask the Tribunal for help, and your landlord wants some or all of the bond, your landlord needs to tell the Tribunal why they should get the money.

If your tenancy has ended more than two months ago, and your landlord wants the bond but you don’t agree, your landlord can ask the Tribunal to decide who should get the money.

Sometimes, if a tenancy has ended and no one has asked for the bond after a long time, the chief executive can ask the Tribunal to decide what to do with the money.

When the Tribunal makes a decision about the bond, the chief executive must pay the money as the Tribunal says.

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Next up: 22C: Payments of bond to be made out of Residential Tenancies Trust Account

or “The government uses a special account to give back bond money to tenants and landlords.”

Part 2 Tenancy agreements
Key money, bonds, and rents

22BApplications 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 but does not have the agreement of the tenant, the landlord may 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.

Notes
  • Section 22B: inserted, on , by section 18 of the Residential Tenancies Amendment Act 2010 (2010 No 95).