Tenancy Tribunal Dismisses Landlord's Application for Rent Arrears
📌 In brief
The Tenancy Tribunal dismissed the landlord's application for rent arrears and termination after the tenant showed proof of having paid the outstanding rent the day before the hearing.
⚖️ Legal holding
A tenant is entitled to have a landlord's application dismissed if they provide evidence of having cleared rent arrears prior to the hearing.
📖 Technical summary
The Tenancy Tribunal dismissed the landlord's application for rent arrears and termination due to rent arrears after the tenant made a payment clearing the arrears.
📜 Headnote Official document
The Tenancy Tribunal dismissed the landlord's application for rent arrears and termination after the tenant provided proof of having cleared the arrears with a payment made the day before the hearing.
📚 Full judgment Official document
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[2025] NZTT 5118809
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. Both parties attended the hearing by video. The tenant had the assistance of a Japanese interpreter.
2. The landlord applied for rent arrears and termination due to rent arrears. At the hearing the landlord indicated that a conditional termination order was sought.
3. The tenant advised that she had made a payment the day before the hearing which cleared the arrears. The tenant provided a bank receipt showing that a payment of $993.00 was made to the landlord on 24 March 2025. This payment would not have shown in the landlord’s account by the date of hearing.
4. The landlord has accepted that the tenant appears to have made a payment to clear the rent arrears.
5. Given the evidence produced an order is no longer required and the application is dismissed.
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[NAME]
25 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 tenant cleared the rent arrears by making a payment the day before the hearing.
- The tenant provided a bank receipt as proof of payment.
- The landlord accepted that the tenant appeared to have made the payment.
- An order was no longer needed because the evidence showed the arrears were cleared.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal dismissed the landlord's application for rent arrears and termination.
What was the dispute about?
The dispute was about whether the tenant owed rent arrears and if the landlord could terminate the tenancy due to those arrears.
How did the court decide, and why?
The court decided to dismiss the landlord's application because the tenant provided proof of having paid the rent arrears before the hearing.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The most important argument was the tenant providing proof of having paid the rent arrears before the hearing.
Was the decision for or against the person who brought the case?
The decision was against the landlord who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation might be able to avoid termination if they can show proof of having paid rent arrears before the hearing.
What evidence or documents mattered?
The evidence that mattered was the bank receipt showing the payment of rent arrears made the day before the hearing.