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Tenant ordered to pay $2,550 in rent arrears

Case No.

📌 In brief

The Tenancy Tribunal ordered the tenant to pay $2,550 in rent arrears immediately after the landlord proved the amount owing and confirmed no bond was lodged.

⚖️ Legal holding

A tenant must pay rent arrears if the landlord provides proof of the amount owing.

Topics

rent arrearstermination of tenancy

Provisions

📖 What the law says

Residential Tenancies Act 1986 s.54

This rule allows a tenant to ask the Tenancy Tribunal to cancel a notice ending their tenancy if they believe the landlord gave the notice because the tenant complained or used their rights as a tenant. The tenant must apply within 14 working days of receiving the notice.

Plain-English explanation — does not replace advice from a lawyer.

📖 Technical summary

The Tenancy Tribunal ordered the tenant to pay rent arrears immediately.

📜 Headnote Official document

The Tenancy Tribunal ordered the tenant to pay $2,550 in rent arrears immediately after the landlord proved the amount owing and confirmed no bond was lodged.

📚 Full judgment Official document

__________________________________________________________________________________ 5159899 1

[2025] NZTT 5159899

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [COMPANY] $2,550.00 immediately, being rent arrears to Friday 3 January 2025.

Reasons:

1. The applicant attended the hearing. The respondent was not contactable on two attempts to call him on the provided phone number.

2. The applicant stated that in the last week of December 2024, he visited the respondent at the tenancy address to discuss unpaid rent. During this visit, the respondent advised that he was unable to pay the rent. According to the applicant, they mutually agreed to terminate the tenancy on Friday 3 January 2025.

3. Following the respondent’s departure from the property the applicant reports that he has had no further contact with him.

4. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.

5. Although the applicant applied for a bond refund, he acknowledged that no bond had been lodged. He stated that the respondent never paid it.

__________________________________________________________________________________ 5159899 2

[NAME] 03 June 2025

__________________________________________________________________________________ 5159899 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/

__________________________________________________________________________________ 5159899 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 proved the amount of rent owing by providing rent records.
  • The tenant was not reachable by phone for the hearing.
  • The tenant admitted to the landlord that he was unable to pay the rent.
  • The landlord and tenant mutually agreed to end the tenancy on a specific date.
  • The landlord acknowledged that no bond was ever paid, despite applying for a refund.

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 $2,550 in rent arrears immediately.

What was the dispute about?

The dispute was about unpaid rent arrears and the mutual agreement to terminate the tenancy.

How did the court decide, and why?

The court decided that the tenant must pay the rent arrears immediately because the landlord provided proof of the amount owing.

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 the landlord's proof of the rent arrears through rent records.

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 payments and a bond if required.

What evidence or documents mattered?

The rent records provided by the landlord mattered in proving the amount of rent arrears.

Official source: Tenancy Tribunal headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Tenancy Tribunal and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.
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