How can I get my bond back from my previous landlord?

Depending on the circumstances, there are several ways that you can get your bond back from your previous landlord.

Your landlord is required by law to pay your bond to the Ministry of Business, Innovation and Employment (MBIE) within 23 working days of receiving it. If your landlord did not do that, you can take them to the Tenancy Tribunal – you do not need a lawyer to do this. The Tenancy Tribunal has the power to make the landlord to pay you up to $1,000 for not lodging your bond. More information about the Tenancy Tribunal is available here: dbh.govt.nz.

If your landlord has followed the law and has sent the bond to MBIE, you can claim it back from MBIE by sending a bond refund form to MBIE. You can find the form here: dbh.govt.nz. You will need to fill out the form and get your previous landlord to sign it. If the landlord does not want to pay you the full bond for any reason, you can either agree to a partial bond refund or claim a full bond refund at the Tenancy Tribunal. The Tenancy Tribunal will decide how much of the bond you get back, depending on whether the landlord needs to be compensated for things like property damage.

If you move out of a flat during the term of your tenancy, you need to send a change of tenant form to MBIE in addition to a bond refund form. If a new tenant moves into the flat, the landlord cannot refuse to pay back your bond until the new tenant pays their bond. You can get your bond back whether or not the new tenant pays a bond.

If, however, you were one of many tenants and not everyone moved out, your situation might be a bit more complicated and you might need to talk to your local Community Law Centre or call MBIE on 0800 TENANCY. Read at the bottom of this page about what should happen when one or all tenants move out: www.dbh.govt.nz.

Answered 30 Oct 2013. The IMPORTANT NOTICE below is part of this answer.