Landlord’s Claim for Rent Arrears Dismissed by Tenancy Tribunal
📌 In brief
In this case, a landlord’s request for payment of rent and water arrears was denied by the Tenancy Tribunal because they did not provide necessary supporting documents as previously ordered. The decision emphasises the importance of submitting required evidence to support claims in tenancy disputes.
⚖️ Legal holding
A landlord cannot obtain an order for rent and arrears without submitting corroborating evidence.
📖 Technical summary
The claimant's application for rent and arrears was dismissed due to lack of evidence.
📜 Headnote Official document
The claimant's application for rent and water arrears was dismissed due to the lack of corroborating evidence submitted, despite previous orders requiring such evidence.
📚 Full judgment Official document
OUTCOME: Dismissed
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[2026] NZTT 5184371
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The application is dismissed.
Reasons:
1. Only the landlord attended the hearing.
2. The landlord has previously applied for and received an order for rent and water arrears in the sum of $510.35. I made an order that the bond be partly used to pay those sums, however the landlord has the full amount of the bond, being $1745.
3. On two prior occasions I have made orders for the landlord to submit the requisite evidence corroborating its claims for cleaning and rubbish removal but it has not done so.
4. Whilst I have some sympathy for the currently [NAME] manager, who has only recently picked up this file, I consider it appropriate to dismiss the claim on a non-
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suit basis. I expressly observe that it is open to the landlord to correctly resubmit the claim in the future, along with the corroborating evidence, if it so chooses.
5. In the meantime it must pay the surplus bond of $1234.65 back to the [COMPANY]. That money is the tenant’s money and the landlord is not entitled to it.
[APPELLANT]
08 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 [NAME] 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 [NAME].
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 for Tenant’s Abandonment and Rent Arrears
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Rent and Arrears
- Tenancy Tribunal Tenant’s Abandoned Property Can Be Disposed Of By Landlord, Says Tenancy Tr…
- Tenancy Tribunal Tenant's Tenancy Terminated for Abandonment and Arrears
- Tenancy Tribunal Tenant's Tenancy Terminated for Rent Arrears
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Current Rent
- Tenancy Tribunal Tenant Ordered to Pay Arrears and Vacate Property
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Cleaning Costs
- Tenancy Tribunal Tenant’s Late Rehearing Application Denied by Tenancy Tribunal
- Tenancy Tribunal Tribunal Denies Landlord’s Expedited Abandonment Request Due to Lack of Evi…
- Tenancy Tribunal Claim Dismissed: Tenant Failed to Attend Hearing
- Tenancy Tribunal Tribunal Denies Landlord’s Expedited Abandonment Request
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
❌ Tends to be rejected
- The landlord did not submit corroborating evidence.
- The case involved a lack of robust documentary evidence to support the claim.
- There were indications that the tenancy had ended by notice rather than abandonment without reasonable excuse.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The claimant's application for rent and water arrears was dismissed.
Who was involved?
A landlord and tenants were involved in a dispute over unpaid rent and water charges.
How did the court decide, and why?
The court decided against the landlord because they failed to submit required evidence despite previous orders.
Which laws or rules were applied?
No specific laws were cited, but the decision was based on the requirement for landlords to provide corroborating evidence.
What was the argument that mattered most?
The lack of submitted evidence was crucial as it did not meet previous orders from the court.
Was the decision for or against the person who brought the case?
The decision was against the landlord.
What does this mean for someone in a similar situation?
It means that landlords must submit all required evidence to support their claims, otherwise they may lose their case.
What evidence or documents mattered?
Corroborating evidence such as receipts and invoices were expected but not provided.
Can a decision like this be appealed?
Yes, decisions can be appealed within 10 working days to the District Court.
Is it worth getting a lawyer for a case like this?
It is advisable to seek legal advice from a qualified lawyer for such cases.