Three months after a tenancy ended, a landlord who never agreed the bond split with the tenant wants to apply alone for part of the bond. What is the position?
Correct Answer
D) Too late for a one-sided application; landlords must apply within 2 months of termination.
Section 22A covers bond applications made without the other party's agreement. A tenant may make one at any time after termination, but a landlord must do so within 2 months of termination. After that the landlord needs the tenant's agreement or must take the dispute to the Tenancy Tribunal.
Why This Is the Correct Answer
Section 22A(2) gives the landlord only 2 months after termination for a one-sided bond application.
Why the Other Options Are Wrong
Option A: It is in time, because either party may apply alone at any time after the tenancy ends.
Only the tenant may apply alone at any time; s 22A(2) limits a landlord to 2 months after termination.
Option B: It is in time, because the landlord has 12 months to claim any part of a bond.
Twelve months is a time limit for exemplary damages claims, not for a one-sided bond application.
Option C: It is too late; bond disputes must be filed within 10 working days.
Ten working days is the time the other party gets to say whether it contests the application.
Background Knowledge for Property Management
Source: https://www.legislation.govt.nz/act/public/1986/0120/latest/whole.html
Exam Tip for Property Management
Tenant: any time. Landlord: within 2 months of the end of the tenancy.
Common Mistakes to Avoid on Property Management Questions
- โขAssuming the landlord and tenant have the same time to apply without agreement.
More Property Management Questions
How long does a landlord have to lodge a bond with Tenancy Services after receiving it from a tenant?
Which of the following is a mandatory requirement for all rental properties under the Healthy Homes standards?
A periodic tenancy began 8 months ago and the rent has never been raised. If the landlord gives written notice today, when is the earliest a rent increase can take effect?
A property manager discovers a tenant has been subletting rooms without permission for 6 months, generating significant income. The head tenant is otherwise compliant and rent is current. What factors would most influence the Tenancy Tribunal's decision on termination?
Under the Residential Tenancies Act 1986, what is the most a landlord can charge as a general bond (not counting any separate pet bond)?
- โ Which of the following is NOT a mandatory requirement for tenancy agreements under the Residential Tenancies Act?
- โ How much notice must a landlord give a tenant before conducting a routine property inspection?
- โ A tenant has given 21 days' notice to terminate a periodic tenancy but wants to leave 5 days early. What must happen for this to be legally acceptable?
- โ A tenant claims bond refund for $1,200 but the landlord disputes $400 for carpet cleaning. The tenant disagrees and applies to the Tenancy Tribunal. What happens to the bond during this dispute?
- โ How often may a landlord carry out routine inspections during a tenancy?
- โ A landlord wants to increase rent for a periodic tenancy. What is the minimum notice period they must give?
- โ During a property inspection, a property manager discovers the tenant has installed a spa pool without permission. What is the most appropriate first step?
- โ By what date did all private rental properties in New Zealand have to comply with the healthy homes standards?
- โ A property manager conducts an inspection and finds the tenant has installed a heat pump without permission. The tenancy agreement prohibits alterations without consent. What can the landlord legally require?
- โ During a property inspection, a landlord notices the tenant has changed the locks. Under what circumstances is this legally permitted?
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