22A Applications 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—

(a)

pay the bond (or, as the case requires, part of the bond) in accordance with the application; or

(b)

decline to make a decision and tell the parties how to apply to the Tribunal for a determination.

(7)

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.

Section 22A: inserted, on 1 October 2010, by section 18 of the Residential Tenancies Amendment Act 2010 (2010 No 95).