Co-Tenants Ordered to Pay Joint Liability for Rent Arrears
📌 In brief
In a recent Tenancy Tribunal case, two co-tenants were ordered to pay the landlord $1,929.86 for unpaid rent up to February 18, 2025, plus a filing fee. The Tribunal ruled that both tenants were jointly and severally liable for the arrears, despite one tenant paying their share of the rent.
⚖️ Legal holding
Co-tenants are jointly and severally liable for rent arrears under their agreement.
📖 Technical summary
The Tenancy Tribunal ordered joint and several liability for unpaid rent between co-tenants.
📜 Headnote Official document
The Tenancy Tribunal ordered the respondents, acting as co-tenants, to pay the landlord $1,929.86 for rent arrears up to February 18, 2025, plus a filing fee of $27.00. The respondents were found jointly and severally liable for the arrears due to one tenant's breach of contract.
📚 Full judgment Official document
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[2025] NZTT 5130282
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENTS: [redacted]
Tenants
TENANCY ADDRESS: Unit/Flat B, [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] are jointly and severally liable to pay [COMPANY] As Agents For [NAME] $1,929.86 immediately, being rent arrears to 18 February 2025 and the filing fee od $27.00.
Reasons:
1. Only the landlord and [NAME] attended the hearing. [NAME] was phoned but the call went to voicemail.
2. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
3. [NAME] and [NAME] signed a tenancy agreement on 7 December 2024 to commence a tenancy at Flat B, [ADDRESS], Howick, Auckland, on 3 January 2025. [NAME] did not occupy the premises on 3 January and did not pay his half share of rent. [NAME] paid a half share of the rent to the landlord. By 18 February 2025 [NAME] had found another tenant to occupy the premises in place of [NAME]. Rent arrears due to [NAME]’s breach is $1,929.86 to 18 February 2025.
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4. The two tenants did not have individual tenancy agreements to each pay $360.00 per week. They both agreed to be responsible for $720.00 per week. Therefore the order must be that they are jointly and severally liable for the arrears that occurred from [NAME]’s breach.
5. There is an unfairness if [NAME] ends up having to pay for [NAME]’s failure to meet his obligations to pay rent for a tenancy that he signed up for. [NAME]’s option will be to lodge a Disputes Tribunal claim to recover the rent he may have to pay for [NAME]’s breach. He can apply at:
https://disputestribunal.govt.nz/how-to-make-a-claim/apply-online/
Filing Fee
6. Because the landlord has been successful with the claim the filing fee of $27.00 is ordered to be paid by the tenants.
[NAME]
26 March 2025
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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 for the payment of less than $1000 • a final order to undertake work worth 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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenants signed a tenancy agreement agreeing to be responsible for the full rent amount.
- The landlord provided rent records proving the arrears owed by the tenants.
- One tenant breached the agreement by not paying their share of the rent.
❌ Tends to be rejected
- The argument that one tenant should not be liable for another's failure to pay rent was rejected because they signed a joint tenancy agreement.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the respondents to pay the landlord $1,929.86 for rent arrears up to February 18, 2025, plus a filing fee of $27.00.
What was the dispute about?
The dispute was about whether two co-tenants should be jointly and severally liable for unpaid rent when one tenant failed to pay their share.
How did the court decide, and why?
The court decided that both tenants were jointly and severally liable for the rent arrears because they had agreed to be responsible for the full weekly rent, not just their individual shares.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54, was applied.
What was the argument that mattered most?
The argument that mattered most was that the co-tenants had agreed to be responsible for the full weekly rent, making them jointly and severally liable for the arrears.
Was the decision for or against the person who brought the case?
The decision was for the landlord who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means that co-tenants may be jointly and severally liable for rent arrears if they have agreed to be responsible for the full rent.
What evidence or documents mattered?
The evidence included rent records proving the amount owing and the tenancy agreement signed by the co-tenants.