Landlord Awarded Rent Arrears from Bond - Tenancy Tribunal Decision
📌 In brief
The Tenancy Tribunal ruled that the landlord was entitled to $483.43 from the bond due to unpaid rent. The landlord proved the amount owing through rent records and the tenant did not attend the hearing.
⚖️ Legal holding
A tenant must pay rent arrears up to the termination date if the landlord provides proof of the amount owing.
📖 Technical summary
The Tribunal awarded the landlord $483.43 from the bond due to rent arrears.
📜 Headnote Official document
The Tenancy Tribunal awarded the landlord $483.43 from the bond due to rent arrears proven by the landlord's records. The landlord had served a 10-day notice requiring payment by 16 January, which was not met, leading to a termination date of 18 January.
📚 Full judgment Official document
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[2025] NZTT 5143488
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room 6a, Unit/[ADDRESS], [POSTCODE], [ADDRESS]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name.
2. [NAME] must pay [the landlord] $483.43 from the bond calculated as shown in the table below.
3. The [COMPANY] is to pay $483.43 from the bond of $780.00 (6323037-003) to [the landlord] immediately.
4. The balance of the bond of $296.57 is to remain at the [COMPANY].
Description Landlord Tenant Rent arrears to 18 January 2025 $456.43 Filing fee reimbursement $27.00 Total award $483.43 Bond $483.43 $296.57
Reasons:
1. The hearing was conducted by telephone. Only the landlord attended. Calls to the tenant were not connected.
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2. The premises are part of a boarding house.
3. Rent was in arrears and the landlord served a 10-day notice on 6 January 2025 requiring payment by 16 January. No payment was made and so the landlord gave 48 hours notice to terminate the tenancy. The tenancy terminated on 18 January.
4. Because the tenant was not occupying the premises, the landlord was entitled to take possession of the premises on 18 January. It did not do so and has waited until today’s hearing of its application. In those circumstances the landlord cannot recover rent from the tenant beyond 18 January. The landlord accepted that.
5. The landlord has provided rent records which prove the amount owing.
6. The landlord has succeeded and so I have awarded the filing fee.
7. For the same reason I have granted the landlord’s request for name suppression.
R Armstrong 11 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 landlord proved the amount of rent owing by providing rent records.
- The landlord was awarded the filing fee because they succeeded in their application.
- The landlord's request for name suppression was granted.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided to award the landlord $483.43 from the bond due to rent arrears.
What was the dispute about?
The dispute was about whether the landlord could recover rent arrears from the tenant's bond.
How did the court decide, and why?
The court decided in favour of the landlord because the landlord provided proof of the rent arrears through rent records.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The most important argument was the landlord's provision of rent records proving the amount owing.
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?
Someone in a similar situation should ensure they have proof of rent arrears to support their claim.
What evidence or documents mattered?
The rent records provided by the landlord mattered in this decision.