Disputes Tribunal NZ Flatmate and Bond Disputes — What You Need to Know

Which Tribunal Hears Your Dispute

This is where people get confused. New Zealand has two separate tribunals for housing-related disputes, and filing in the wrong one wastes time and money.

Tenancy Tribunal: Handles disputes between landlords and tenants under the Residential Tenancies Act 1986. Bond disputes, rent arrears, and landlord obligations between those parties go here.

Disputes Tribunal: Handles flatmate disputes — people who share a house but are not tenants covered by the Residential Tenancies Act, including disputes between a flatmate and a head tenant.

The key question: is the money dispute between a landlord and a tenant covered by the Residential Tenancies Act, or between flatmates/occupiers in a shared living situation? Flatmates who paid their share of the bond to the head tenant, or who owe money for shared bills, damaged property, or unpaid rent shares, typically end up in the Disputes Tribunal.

Common Flatmate Disputes

Bond not returned. You moved out, the head tenant or flat kept your bond contribution, and you want it back. If you were a flatmate who paid a contribution to the head tenant, a dispute between you and that head tenant is generally a Disputes Tribunal matter because flatmates are outside the Residential Tenancies Act. A dispute between a landlord and tenant about a tenancy bond belongs in the Tenancy Tribunal.

Unpaid bills or rent share. A former flatmate owes their portion of the power bill, internet, or rent. The claim is a simple debt between private parties.

Damage to property. One flatmate damaged another's belongings, or damaged the flat and the remaining flatmates had to cover the repair cost.

Deposit for a room. You paid a deposit to secure a room, the arrangement fell through, and the money wasn't returned.

If You're the Respondent

Being sued by a former flatmate feels personal, but the process is the same as any other Disputes Tribunal claim. You have a CIV reference number, a hearing date, and the same options: settle, admit, defend, or counterclaim.

Gather your evidence. Text messages or group chat records are often the best evidence in flatmate disputes — they show what was agreed informally. Bank transfer records showing payments, receipts for bills, photos of the flat's condition when you moved out, and any written agreements (even informal ones) all help.

Know the forum. Whether the dispute is between a landlord and tenant covered by the Residential Tenancies Act, or between flatmates outside that Act, determines which Tribunal may hear it. Whether a bond contribution was lodged with Tenancy Services is not by itself the test.

Consider the maths. If a flatmate is claiming their bond back but left unpaid bills or damage costs, you may have a legitimate offset. If the numbers work in your favour, a counterclaim puts both sides on the table for the Referee to sort out.

Preparing for the Hearing

Flatmate disputes are usually about credibility — both sides have a different version of what was agreed. The party with better documentation wins. If you agreed the bond was $500 and it was paid by bank transfer, that's clear. If you agreed they'd pay for the carpet cleaning and have a text message confirming it, that's evidence. If it was all verbal with no records, the Referee has to weigh one person's word against another's.

Organise everything chronologically: when the flatmate moved in, what was agreed, what was paid, when things went wrong, and when the flatmate moved out. The Referee will piece together the timeline themselves, but presenting it clearly saves time and shows preparation.

For a complete respondent walkthrough including evidence indexing, hearing preparation, and post-decision options, the NZ Disputes Tribunal Response Guide covers the full process.

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