Claimant Awarded Rent Arrears by Tenancy Tribunal
📌 In brief
In this case, the Tenancy Tribunal ordered the tenant to pay the landlord $858 in rent arrears and filing fees. The tribunal also noted that since the property had been vacated before the hearing, a possession order was unnecessary.
⚖️ Legal holding
A tenant is required to pay rent arrears if the property has been vacated after the due date for payment.
📖 Technical summary
The claimant was awarded rent arrears and filing fees, but a possession order was not granted as it was no longer necessary.
📜 Headnote Official document
The claimant sought rent arrears and a possession order. The tribunal awarded the claimant $858 for rent arrears and filing fees, but did not grant a possession order as it was no longer necessary.
📚 Full judgment Official document
OUTCOME: Allowed
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[2026] NZTT 5503647
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [RESPONDENT] and [RESPONDENT] must pay [APPELLANT] $858.00 immediately, calculated as shown in table below.
2. The [COMPANY] is to pay the bond of $2,480.00 (6442966-008) to [APPELLANT] immediately.
Description Landlord Tenant Rent arrears to 29/05/2026 $3,310.00 Filing fee reimbursement $28.00 Total award $3,338.00 Bond $2,480.00 Total payable by Tenant to Landlord $858.00
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for rent arrears to the 29th of May 2026. She tells me that on the 8th of May at an inspection her representative found the house to have been vacated. She is seeking rent arrears 21 days from this date and has
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provided records showing the amount owing for this period. I am satisfied this record is correct.
3. The landlord is also seeking a possession order. From what the applicant has told me, possession has already been surrendered by the respondent from at least the 8th of May 2026. As such a possession order is redundant.
4. Because the applicant has been successful in their application, I have awarded the application filing fee.
[NAME] 09 June 2026
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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.
You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf
Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals
Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is less than $1000.
Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.
Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.
If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/
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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Cleaning Costs
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Filing Fee
- Tenancy Tribunal Tenant's Tenancy Terminated for Rent Arrears
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Rubbish Removal Costs
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Conditional Termination Order Allows Tenant to Stay
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- Tenant vacates property after due date for rent payment.
- Tenant agrees to pay arrears and comply with conditions set by the Tribunal.
- Tenant terminates tenancy without paying in advance as agreed.
- Significant rent arrears require tenant to vacate premises and pay outstanding rent.
- Landlord provides sufficient evidence to support claims.
- Rent at least 21 days in arrears when application for termination is filed.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The claimant was awarded rent arrears but not a possession order.
Who was involved?
A landlord and a tenant were involved in the dispute.
How did the court decide, and why?
The tribunal decided that since the property had been vacated before the hearing, no further action on the possession order was necessary.
Which laws or rules were applied?
No specific laws or rules were cited in this decision.
What was the argument that mattered most?
The fact that the property had been vacated made a possession order unnecessary.
Was the decision for or against the person who brought the case?
The decision was for the claimant, awarding rent arrears and filing fees.
What does this mean for someone in a similar situation?
If a tenant has vacated the property before a hearing, they may not need to worry about a possession order but will still be responsible for any outstanding rent.
What evidence or documents mattered?
The landlord provided records showing the amount of rent arrears due.
Can a decision like this be appealed?
Yes, either party can appeal within 10 working days if they believe there was an error in the decision.
Is it worth getting a lawyer for a case like this?
It is recommended to seek legal advice from a qualified lawyer for specific guidance on your situation.