Tenant ordered to pay $1,799.86 in rent arrears
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $1,799.86 in rent arrears and the landlord to return the bond of $2,920.00. The landlord presented evidence of unpaid rent, and the tenant did not show up for the hearing.
⚖️ Legal holding
A tenant must pay rent arrears to the landlord upon termination of the tenancy.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and the landlord to return the bond.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $1,799.86 in rent arrears and the landlord to return the bond of $2,920.00. The landlord provided proof of the rent arrears, and the tenant did not attend the hearing.
📚 Full judgment Official document
__________________________________________________________________________________ 5145734 1
[2025] NZTT 5145734
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agent For [COMPANY] $1,799.86 immediately, calculated as shown in table below.
2. [COMPANY] is to pay the bond of $2,920.00 (3484572-009) to [COMPANY] As Agent For [COMPANY] immediately.
Description Landlord Tenant Rent arrears from 30 December 2024 - 12 February 2025 $4,692.86 Filing fee reimbursement $27.00 Total award $4,719.86 Bond $2,920.00 Total payable by Tenant to Landlord $1,799.86
Reasons:
1. The landlord attended the hearing. The tenant was properly notified about the hearing but he did not answer the calls to his phone.
2. The landlord has applied for rent arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
__________________________________________________________________________________ 5145734 2
How much is owed?
3. The tenancy ended when the landlord took possession on 12 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.
4. Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
01 April 2025
__________________________________________________________________________________ 5145734 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.
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/
__________________________________________________________________________________ 5145734 4
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 rent records proving the amount owing at the end of the tenancy.
- The tenant did not attend the hearing and did not provide any counter-evidence or explanation.
- The landlord successfully claimed for rent arrears, bond refund, and reimbursement of the filing fee.
❌ Tends to be rejected
- The tenant did not contest the amount of rent arrears claimed by the landlord.
- The tenant did not provide any reason for not paying the rent arrears.
- The tenant did not request a rehearing or appeal the decision.
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 $1,799.86 in rent arrears and the landlord to return the bond of $2,920.00.
What was the dispute about?
The dispute was about unpaid rent arrears from December 30, 2024 to February 12, 2025.
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?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The landlord's presentation of proof of the rent arrears was the most important argument.
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 rent arrears and attend all hearings.
What evidence or documents mattered?
The rent records provided by the landlord mattered.
