Tenant ordered to pay $2,289.86 for rent arrears
📌 In brief
The Tenancy Tribunal granted the landlord possession of the premises and ordered the tenant to pay $2,289.86 for outstanding rent arrears. The decision was based on the Residential Tenancies Act Yöntem 1986, section 64.
⚖️ Legal holding
A tenant must pay outstanding rent arrears to the landlord upon termination of the tenancy.
📖 What the law says
This rule says that if a tenancy has ended and someone is entitled to get the property back, the Tenancy Tribunal must order that person to be given possession of the property. However, this order cannot be made more than three months after the tenancy ended. Also, if the Tribunal ends a tenancy under certain other sections of the Act, that decision automatically acts as an order for the landlord to get the property back.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal granted possession of the premises to the landlord and ordered the tenant to pay outstanding rent arrears.
📜 Headnote Official document
The Tenancy Tribunal granted possession of the premises to the landlord and ordered the tenant to pay $2,289.86 for outstanding rent arrears. The decision was based on the Residential Tenancies Act 1986, section 64.
📚 Full judgment Official document
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[2025] NZTT 5270920
TENANCY TRIBUNAL AT PORIRUA | TE TARAIPIUNARA RETIHANGA KI PORIRUA
APPLICANT: [redacted] [COMPANY]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [COMPANY] T/As LJ Hooker Warkworth As Agent For [COMPANY] is granted possession of the premises at [ADDRESS], [POSTCODE] at 11.59pm today, Wednesday 4 June 2025.
2. [NAME] must pay [COMPANY] T/As LJ Hooker Warkworth As Agent For [COMPANY] $2,289.86 immediately, calculated as shown in the table below.
3. [COMPANY] is to pay the bond of $1,680.00 (6397993-002) to [COMPANY] T/As LJ Hooker Warkworth As Agent For [COMPANY] immediately.
Description Landlord Tenant Rent arrears to 4.6.2025 $3,942.86 Filing fee reimbursement $27.00 Total award $3,969.86 Bond $1,680.00 Total payable by Tenant to Landlord $2,289.86
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Reasons:
1. Both parties attended the hearing by telephone and video conference.
2. The landlord has applied for possession of the premises following the termination of the tenancy.
3. The tenancy ended on Monday 2 June 2025 which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied and a possession order is granted.
4. The landlord provided rent records to prove the arrears owed.
K Stirling
04 June 2025
__________________________________________________________________________________ 5270920 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 [NAME], 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 provided rent records to prove the arrears owed.
- The tenancy ended less than 90 days ago, meeting the legal requirement.
- Section 64(1) of the Residential Tenancies Act 1986 was satisfied.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal granted the landlord possession of the premises and ordered the tenant to pay $2,289.86 for outstanding rent arrears.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears, leading to the landlord's request for possession of the premises.
How did the court decide, and why?
The court decided to grant possession of the premises to the landlord and ordered the tenant to pay outstanding rent arrears because the tenant had not paid the rent as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 64 was applied.
What was the argument that mattered most?
The most important argument was that the tenant had failed to pay the rent arrears as required by the tenancy agreement and the Residential Tenancies Act 1986.
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 pay their rent arrears to avoid losing possession of their premises.
What evidence or documents mattered?
The rent records provided by the landlord mattered in proving the arrears owed.