Tenancy Tribunal Terminates Boarding House Tenancy and Awards Rent Arrears
📌 In brief
The Tenancy Tribunal ended a boarding house tenancy and ordered the tenant to pay $3,019.86 to the landlord for unpaid rent and other costs. The landlord attended the hearing, but the tenant did not respond.
⚖️ Legal holding
A tenant must pay rent arrears and other costs stipulated in the tenancy agreement when the landlord successfully terminates the tenancy.
📖 Technical summary
The Tenancy Tribunal granted termination of a boarding house tenancy and awarded the landlord monetary compensation for arrears and other costs.
📜 Headnote Official document
The Tenancy Tribunal granted termination of a boarding house tenancy and awarded the landlord $3,019.86 for rent arrears and other costs. The landlord attended the hearing, while the tenant did not respond to the call. The Tribunal applied the bond against the debt.
📚 Full judgment Official document
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[2025] NZTT 5136253
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room 11, [ADDRESS], [POSTCODE]
ORDER
1. The boarding house tenancy of [NAME] at Room 11, [ADDRESS], [POSTCODE] is terminated and [NAME] is granted possession of the boarding house room and all facilities of the boarding house at Room 11, [ADDRESS], [POSTCODE] immediately.
2. [NAME] must pay [NAME] $3,019.86 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears $3,342.86 Car parking $40.00 Filing fee reimbursement $27.00 Total award $3,409.86 Bond (with landlord) $390.00 Total payable by Tenant to Landlord $3,019.86
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Reasons:
1. The landlord attended the hearing, conducted via teleconference. The call to the tenant went unanswered. I was satisfied adequate service had completed and I continued with the hearing.
2. The landlord has applied for termination and possession of the boarding house room occupied by the tenant. It also sought car parking costs from the tenant per the amount stipulated in the tenancy agreement.
3. The landlord said previous notices to end the tenancy have been ignored.
4. The bond of one week rent ($390.00) was paid and retained by the landlord. It is applied against the debt here.
Filing fee
5. [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
M Brennan
03 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 successfully proved that the tenant owed rent arrears.
- The tenancy agreement included stipulations for car parking costs which were accepted by the tribunal.
- Previous notices to terminate the tenancy were ignored by the tenant.
- The filing fee was reimbursed to the landlord as they had wholly succeeded with their claim.
❌ Tends to be rejected
- The tenant did not attend the hearing and therefore could not present arguments or evidence.
- There were no specific arguments presented by the tenant that were rejected, as they did not participate in the hearing.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated the boarding house tenancy and ordered the tenant to pay $3,019.86 to the landlord.
What was the dispute about?
The dispute was about unpaid rent and other costs stipulated in the tenancy agreement.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant ignored previous notices to end the tenancy and failed to attend the hearing.
Which laws or rules were applied?
The Residential Tenancies Act 1s 54 was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant ignored previous notices and did not attend the hearing.
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 be required to pay rent arrears and other costs if they ignore notices and fail to attend hearings.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.