Tenancy Tribunal Orders Rent Arrears Payment
📌 In brief
The Tenancy Tribunal ordered the tenants to pay $685.71 in rent arrears and adjust the bond amount. The landlord claimed rent arrears, bond adjustments, and reimbursement of filing fees. The Tribunal found both tenants jointly and severely liable for the rent arrears and ordered the bond centre to pay the landlord immediately.
⚖️ Legal holding
A tenant is liable for rent arrears and bond adjustments when they owe money to the landlord.
📖 Technical summary
The Tenancy Tribunal ordered the tenants to pay rent arrears and bond adjustments.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenants to pay $685.71 in rent arrears and adjust the bond amount. The landlord claimed rent arrears, bond adjustments, and reimbursement of filing fees. The Tribunal found both tenants jointly and severely liable for the rent arrears and ordered the bond centre to pay the landlord immediately.
📚 Full judgment Official document
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[2025] NZTT 5092809
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] to pay [COMPANY] $712.71 from the bond, calculated as shown in table below.
2. The Bond Centre is to pay $712.71 from the bond of $$1,440.00 (3523870-003) to [COMPANY] immediately.
3. The balance of the bond of $727.29 is to remain at the Bond Centre.
Description Landlord Tenant Rent arrears to 13 November 2024 $685.71 Filing fee reimbursement $27.00 Total award $712.71 Bond $712.71 $727.29
Reasons:
1. The landlord attended the hearing. The tenant did not attend the hearing.
Background
2. On 9 May 2022 the tenants signed a tenancy agreement to rent [ADDRESS], Linwood from [COMPANY]. The tenancy commenced on 11 May 2022 (“the first tenancy”). The tenants were in a relationship which ended and
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resulted in [NAME] moving out of the premises. [NAME] remained in the premises. [NAME] was never removed as a tenant from the tenancy agreement.
3. In November 2024 [NAME] signed a new tenancy agreement with [COMPANY] as landlord (‘”the second tenancy”) for the same premises. The tenancy agreement records the tenancy starting on 14 November 2024.
4. Effectively the joint tenancy held by [NAME] and [NAME] ended on 13 November 2024, the day before the new tenancy agreement for [NAME] solely began.
The landlord’s claim
5. The landlord has applied for termination of the tenancy, rent arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
6. The landlord under this claim is [COMPANY]. It is the landlord for the tenancy where [NAME] and [NAME] are the joint tenants. That tenancy has already ended (on 13 November 2024), therefore there is no ability for the Tribunal to consider an application for termination. This part of the claim is therefore dismissed.
How much is owed for rent?
7. As at 13 November 2024 the tenants owed $685.71. In calculating this figure I have considered the following:
• The landlord has continued to enter transactions for the second tenancy on the first tenancy’s rent summary, regardless that the landlord and the tenants are different. This is incorrect. The landlord has an obligation to provide a separate rent summary for each tenancy.
• The rent summary shows the tenants owed $720.00 at 10 November 2024. This is the end of a rent week. Three days rent ($205.71) is owed from 11 to 13 November. This brings the rent owed to 13 November to $925.71. A payment of $240.00 was received on 12 November which means rent owed as at 13 November is $685.71.
8. Both tenants are jointly and severally liable for the rent owed.
9. Bond for the first tenancy of $1,440.00 was paid to the Bond Centre at the start of the tenancy. It is appropriate that the bond is used to refund the arrears owed to the landlord. The remainder of the bond remains at the Bond Centre for the tenants and the landlord to determine whether it is to be transferred to the second tenancy.
10. The landlord has been successful in its claim and is entitled to reimbursement of the filing fee.
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W Lang
14 February 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 owed $685.71 in rent arrears as of November 13, 2024.
- Both tenants are equally responsible for the rent that was owed.
- The landlord was successful in their claim and is entitled to get back the filing fee.
- The bond for the first tenancy should be used to pay the landlord for the owed rent.
❌ Tends to be rejected
- The landlord's request to end the tenancy was dismissed because the tenancy had already finished.
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 tenants to pay $685.71 in rent arrears and adjust the bond amount.
What was the dispute about?
The dispute was about the tenants owing rent arrears and the need to adjust the bond amount.
How did the court decide, and why?
The court decided that both tenants were jointly and severely liable for the rent arrears because the rent summary showed the tenants owed money and a payment was received on the due date.
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 rent summary showed the tenants owed money and a payment was received on the due date.
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 their rent payments are up to date and that they have a clear record of all transactions related to the tenancy.
What evidence or documents mattered?
The rent summary and the payment record mattered in this decision.