Tenant ordered to pay $1,427 in rent arrears and filing fees
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $1,427 in rent arrears and filing fees to the landlord. This decision came after a teleconference hearing where both parties agreed to the repayment plan.
⚖️ Legal holding
A tenant must pay rent arrears and filing fees when proven owing under the Residential Tenancies Act 1986.
📖 What the law says
This section generally states that the Tenancy Tribunal cannot order one party to pay the other's legal costs. However, it makes exceptions, such as when a case is considered trivial or annoying, or if a party refused to settle the dispute reasonably through mediation.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and a filing fee.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $1,427 in rent arrears and filing fees to the landlord. The order was made following a teleconference hearing where both parties agreed to the repayment plan.
📚 Full judgment Official document
__________________________________________________________________________________ 5183831 1
[2025] NZTT 5183831
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details.
2. [NAME] and [NAME] must pay [The landlord/s] $1,427.00 immediately, being rent arrears to 6 April 2025 ($1400.00) and reimbursement of filing fee ($27.00).
3. The tenant must pay the debt in order 2 at the rate of $100.00 per week.
4. The first payment must be made on Friday 23 May 2025 and payments must continue every Friday until the debt is paid in full.
5. If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
Reasons:
1. Both parties attended the hearing which took place by teleconference.
2. The parties advised that this tenancy ended on 6 April 2025.
3. The landlord has applied for rent arrears and has provided rent records which prove the amount owing to the end of the tenancy.
4. The tenant agreed to repay the debt at a rate of $100.00 per week commencing on Friday 23 May 2025.
__________________________________________________________________________________ 5183831 2
5. Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee and suppress the landlord details in the order as applied for. See sections 102(4) and 95A(1) Residential Tenancies Act 1986.
G Guptill 13 May 2025
__________________________________________________________________________________ 5183831 3
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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord provided rent records proving the amount owing to the end of the tenancy.
- The tenant agreed to repay the debt at a rate of $100.00 per week.
- The landlord successfully applied for reimbursement of the filing fee.
❌ Tends to be rejected
- The tenant did not provide any counter-evidence or arguments against the rent arrears.
- The tenant did not dispute the amount of the filing fee.
- The tenant did not challenge the repayment plan proposed by the landlord.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant was ordered to pay $1,427 in rent arrears and filing fees to the landlord.
What was the dispute about?
The dispute was about unpaid rent arrears and the filing fee for the landlord's application.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant agreed to the repayment plan and the landlord provided proof of the rent arrears.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 102(4) and 95A(1) were applied.
What was the argument that mattered most?
The most important argument was the proof of rent arrears provided by the landlord.
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 have proof of any rent arrears and follow the proper procedures to recover the debt.
What evidence or documents mattered?
The rent records provided by the landlord mattered in proving the amount owing.