Tenant ordered to pay $17,120.86 in rent arrears

OUTCOME: Allowed

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[2026] NZTT 5376710

TENANCY TRIBUNAL AT TOKOROA | TE TARAIPIUNARA RETIHANGA KI TOKOROA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [RESPONDENT] must pay [APPELLANT] $17,120.86 immediately, being rent arrears to 8 February 2026.

2. The [COMPANY] is to pay the bond of $1,800.00 (BN-00101451) to [APPELLANT] immediately.

Description Landlord Tenant Rent arrears to 18 February 2026 $18,892.86 Filing fee reimbursement $28.00 Total award $18,920.86 Bond $1,800.00 Total payable by Tenant to Landlord $17,120.86

Reasons:

1. This matter was part heard by me on the 8 February 2026. At that time, I terminated the tenancy but adjourned the landlord’s claims for rent arrears. Both parties indicated that they had other claims that they wished to file so I allowed time until the 25 February, to file those claims.

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2. The tenant has filed further evidence since the first hearing, but the tenant has not filed a counterclaim.

3. Only the landlord and his friend [NAME] attended today’s hearing. The tenant did not attend.

4. Ms [APPELLANT] [NAME] helped Mr [APPELLANT] organise and manage the tenancy.

5. At the beginning of today’s hearing, I referred to the documents filed by Ms [RESPONDENT] on behalf of the tenants the 25 February 2026, the landlord indicated that he had not received a copy of those documents and therefore a hard copy was printed off and given to the landlord, and he was given some time to consider those documents.

6. The only claim that I must determine today is the landlord’s claim for rent arrears.

Who were the tenants?

7. The first question that must be considered is who is the tenant? This is because, whilst the tenants were not present, they raised this issue in the first hearing and have raised it in the documents that they have submitted to the Tribunal after the first hearing.

8. Ms [APPELLANT], who has been named as a tenant, disputes that she was ever a tenant. She says that the tenancy agreement was between Mr [RESPONDENT] and the landlord. She also says that there is another agreement between Mr [RESPONDENT] and the landlord for the same property and has provided a tenancy agreement dated the 2 June 2022 between Mr [APPELLANT] as landlord and Mr [APPELLANT] as the tenant for a rent of $350 per week.

9. Mr [RESPONDENT] told me at the first hearing that the tenancy was only ever in his name and that Ms [NAME] was never added to the tenancy agreement. Both Mr [RESPONDENT] and [NAME] told me in the first hearing that they have been in a relationship and at various periods Ms [APPELLANT] has lived in the property, but she was not a named tenant.

10. The landlord says that the tenancy was given to Mr [RESPONDENT] and [NAME] at the beginning of the tenancy. Mr [RESPONDENT] is [NAME]’s brother; she confirmed that she organised the tenancy. She says that she is a friend of Mr [NAME], and she asked if her brother could rent his house. She confirms that [NAME] and Mr [RESPONDENT] were separated at the time the tenancy began and that she recalls two separate tenancy agreements being drawn up- one with Mr [RESPONDENT] and one with Mr [RESPONDENT]. She says that Mr [RESPONDENT]’s tenancy agreement was probably given to MSD, as they paid the bond and rent each week.1

1 This is supported by the tenant’s documents, including letters from MSD to Mr [RESPONDENT] that show that he bond was advanced to him.

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11. The landlord confirms that Mr [RESPONDENT] moved out after an incident between Mr [RESPONDENT] and a third person on the 23 October 2023.

12. The landlord and Ms [RESPONDENT] tells me that Ms [RESPONDENT] moved into the property in or about August 2022 and continued to live there until the end of the tenancy.

13. The landlord says that he believed that Ms [APPELLANT] was his tenant because:

a. The rent was paid from a joint account which was held by both Mr [RESPONDENT] and [NAME].

b. When there were issues about the tenancy, he generally only dealt with Ms [RESPONDENT].

c. That the text messages were between the landlord and Ms [RESPONDENT] or alternatively Ms [RESPONDENT] and Ms [RESPONDENT].

14. I am satisfied that only Mr [RESPONDENT] was the tenant, and that whilst Ms [APPELLANT] lived at the property, she was not a tenant because:

a. There was no written agreement between Mr [NAME] and Ms [NAME].

b. Mr [NAME] confirmed that Ms [NAME] was not living at the property at the beginning of the tenancy.

c. Mr [NAME] confirmed that he had never offered or signed a tenancy agreement with Ms [NAME].

d. That the payment of rent from the joint bank account, does not mean that both account holders then become liable for rent.

e. Mr [RESPONDENT] accepted at the first hearing that he was the sole tenant.

What are the rent arrears?

15. The landlord says that the rent owed to the end of the tenancy is $26,740 to the end of the tenancy.

16. The landlord provided the Tribunal with a copy of a rent ledger he kept throughout the tenancy. In that rent ledger he records the weekly rent, whether it was paid, overpaid missed or underpaid. He also records how the rent was received, for instance by cash or from the account of Mr [RESPONDENT] or [NAME].

17. I have received the ledger that was kept by Mr [NAME]. There are a few adding mistakes, and the running totals of the arrears does not reconcile with the difference between the rent owed and rent paid, but I have used the rent paid as the basis of calculating the amount owed by the tenants, because Mr [NAME] tells me that he has written down every amount paid by the tenants.

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18. I note that the tenants stopped paying rent altogether on the 30 June 2025 – and paid no rent from that date to 8 February 2026 when the tenancy was terminated.

19. I note that the tenants made various promises to pay rent arrears during the tenancy, but did not do so.

20. I have calculated the rent owed by the tenant during the tenancy using the Tribunal’s calculator. The two periods are for the times when rent was at different amounts.

21. 22. The landlord claims in his rent ledger that the tenants have paid $62,440, in my

calculations the tenants only paid $62,370.00

23. The rent owed is calculated as $81,262.86- $62,370.00 =$18,892.86

24. I award Mr [NAME] the rent arrears owing of $18,892.86

The filing fee

25. The landlord has been successful and is awarded the filing fee.

[NAME]

08 June 2026

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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, or the failure to make an order, where the amount in dispute on appeal is

less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is 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: