Tenant Held Liable for Rent Arrears Due to Non-Attendance
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay their landlord $1,419.52 for unpaid rent after the tenant did not show up for the hearing. The landlord presented records showing the amount owed.
⚖️ Legal holding
A tenant who fails to attend a hearing is liable for rent arrears proven by the landlord's records.
📖 Technical summary
The Tribunal awarded the landlord $1,419.52 for rent arrears after the tenant failed to attend the hearing.
📜 Headnote Official document
The Tenancy Tribunal awarded the landlord $1,419.52 for rent arrears after the tenant failed to attend the hearing. The landlord provided rent records proving the amount owing.
📚 Full judgment Official document
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[2025] NZTT 5166614
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $1,419.52 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 26 January 2024 $1,650.00 Balance bond received of $1,050.00 less damages deducted of $792.52
$257.48
Filing fee reimbursement $27.00 Total award $1,677.00 $257.48 Net total payable by Tenant to Landlord $1419.52
Reasons:
1. The landlord attended the video conference hearing represented by [NAME]. The tenant did not attend by video link. The Tribunal attempted to telephone the tenant, but the calls diverted to voicemail. I am satisfied that the tenant received notice of the hearing and chose not to attend.
2. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
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K Stirling, 05 May 2025 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].
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord's claim for rent arrears was accepted because they provided records proving the amount owed.
- The tenant was ordered to pay because they did not attend the hearing despite receiving proper notice.
- The landlord was reimbursed for the filing fee as part of the total award.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided the tenant must pay the landlord $1,419.52 for rent arrears.
What was the dispute about?
The dispute was about unpaid rent arrears from January 2024.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not attend the hearing and the landlord provided proof of the rent arrears.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The landlord's argument that the tenant had unpaid rent arrears supported by records was the most important.
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 they attend all hearings to present their side of the story.
What evidence or documents mattered?
The landlord's rent records were the key evidence in this case.