Tenant ordered to pay $177 for rent arrears and filing fees
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $177 for rent arrears and filing fees after the landlord proved proper service under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant must pay rent arrears and filing fees when served notice properly under the Residential Tenancies Act 1986.
📖 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 $177 for rent arrears and filing fees after the landlord proved proper service under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5193551
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] Management As Agents For [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat Flat 1, 134 High Street, Solway, Masterton 5810
ORDER
1. [NAME] must pay [COMPANY] T/A Lj Hooker Wairarapa Property Management As Agents For [NAME] $177.00 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 22 May 2025 $150.00 Filing fee reimbursement $27.00 Total award $177.00 Total payable by Tenant to Landlord $177.00
Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made at the scheduled time on the number provided to the Tribunal.
2. The tenant has been served by email which is an address for service on her tenancy agreement.
3. Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
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4. The landlord has applied for termination, rent arrears, refund of the bond, and reimbursement of the filing fee. However, since the application was lodged, the tenant has reduced the amount of rent arrears, and as of today’s date, the landlord is only seeking a monetary order for rent arrears and the filing fee.
How much is owed for rent?
5. The landlord provided rent records and oral evidence. As of today’s date $150.00 is owing for rent arrears. The landlord sought the next week’s rent in advance, but because that is not yet part of the arrears, I have declined to order that.
6. [COMPANY] T/A Lj Hooker Wairarapa Property Management As Agents For [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.
[NAME]
22 May 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 attended the hearing by teleconference.
- The tenant was properly served notice of the hearing by email.
- The landlord provided rent records and oral evidence to show rent arrears.
- The landlord was awarded $150.00 for rent arrears.
- The landlord was reimbursed the filing fee because they largely succeeded with their claim.
❌ Tends to be rejected
- The landlord's request for the next week's rent in advance was denied.
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 $177 for rent arrears and filing fees.
What was the dispute about?
The dispute was about unpaid rent arrears and the landlord's request for a filing fee reimbursement.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant was properly served notice under the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The most important argument was that the tenant had been properly served notice of 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 should ensure they respond to notices properly to avoid default judgments.
What evidence or documents mattered?
The evidence included the landlord's proof of proper service and the rent records.