Tenancy Tribunal Orders Termination and Payment of Rent Arrears
📌 In brief
The Tenancy Tribunal terminated the tenancy of the tenant on 28 February 2025 and ordered the tenant to pay rent arrears to the landlord. The landlord had evidence showing the agreement to terminate the tenancy and the amount of rent arrears owed.
⚖️ Legal holding
A tenant must pay rent arrears when they owe money to the landlord.
📖 Technical summary
The tenancy was terminated and the tenant was ordered to pay rent arrears.
📜 Headnote Official document
In this Tenancy Tribunal decision, the tenancy of the tenant was terminated on 28 February 2025, and the tenant was ordered to pay rent arrears to the landlord. The landlord provided evidence of the agreement to terminate the tenancy and the amount of rent arrears owed.
📚 Full judgment Official document
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[2025] NZTT 5121213
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] terminated on 28 February 2025.
2. The Bond Centre is to pay the bond of $4,000.00 (6457985-003) to [COMPANY] as Agent for [NAME] immediately.
3. [NAME] must pay [COMPANY] as Agent for [NAME] $6,455.57 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 28 February 2025 $10,428.57 Filing fee reimbursement $27.00 Total award $10,455.57 Minus Bond - $4,000.00 Total payable by Tenant to Landlord $6,455.57
Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenant was unable to be contacted on the number specified in the Notice of Hearing or on an alternative number through which the landlord has recently had contact with the tenant.
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2. The landlord filed an application for payment of rent arrears.
3. The landlord has provided evidence which shows that since the application was filed, the parties have reached an agreement that the tenancy would end on 28 February 2025. The landlord has provided a rent summary showing the rent arrears owed at that date.
4. Because the landlord has succeeded with the claim I must reimburse the filing fee.
B King
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 landlord provided evidence of rent arrears.
- The tenant could not be contacted to defend the case.
- An agreement was reached to terminate the tenancy on a specific date.
- The landlord successfully claimed reimbursement for the filing fee.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision terminated the tenancy and ordered the tenant to pay rent arrears to the landlord.
What was the dispute about?
The dispute was about the termination of the tenancy and the payment of rent arrears.
How did the court decide, and why?
The court decided to terminate the tenancy and order the tenant to pay rent arrears because the landlord provided evidence of the agreement to terminate the tenancy and the amount of rent arrears owed.
Which laws or rules were applied?
No specific laws or rules were mentioned in the decision.
What was the argument that mattered most?
The most important argument was the evidence provided by the landlord showing the agreement to terminate the tenancy and the amount of rent arrears owed.
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 might face termination of their tenancy and an order to pay rent arrears if they owe money to the landlord.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.