Tenant ordered to pay $2,799.00 for rent arrears and filing fees
📌 In brief
The Tenancy Tribunal ended the tenancy of the tenant because they did not pay their rent on time. The tenant was told to pay the landlord $2,799.00, which includes the landlord's filing fees. The landlord also withdrew their claim for damages because they didn't have enough proof.
⚖️ Legal holding
A tenant is required to pay rent arrears and the landlord's filing fees when the tenancy is terminated for non-payment.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the landlord applies to the Tribunal. It also allows termination if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears, and the tenant was ordered to pay the landlord $2,799.00.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears and ordered the tenant to pay the landlord $2,799.00, including the landlord's filing fees. The landlord withdrew claims for damage due to lack of evidence.
📚 Full judgment Official document
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[2025] NZTT 5183236
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room 1D, [ADDRESS], [POSTCODE]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
2. The tenancy of [NAME] at Room 1D, [ADDRESS], [POSTCODE] is terminated, and possession is granted to [The landlord/s], at 11.59pm on Wednesday 19 March 2025.
3. [NAME] must pay [The landlord/s] $2,799.00 immediately, as calculated below:
Description Landlord Tenant Rent arrears to 19 March 2025 $2,772.00 Filing fee reimbursement $27.00 Total award $2,799.00 Total payable by Tenant to Landlord $2,799.00
4. The application for compensation for damage is withdrawn.
Reasons:
1. The landlord’s representative attended the hearing. The tenant did not attend.
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2. The landlord has applied for termination of the tenancy, rent arrears, and compensation for damage.
3. I have considered the application based on a residential tenancy rather than a boarding house tenancy. The tenant rents a self-contained room from the landlord, the premises being used for emergency housing.
4. Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
5. The landlord provided rent records which prove the amount of rent owing as of today.
6. The landlord sought compensation for the repair of damage caused by the tenant. The police bailed the tenant to this address with a bail condition that he hot have any contact with the landlord. Part of the claim for damage was the reason for the police involvement.
7. The landlord elected to withdraw the claims for damage because it does not have the evidence yet to prove the costs claimed. The landlord’s representative said that the work has not been completed due to safety concerns posed by the tenant.
8. By withdrawing the claims, the landlord can make the application again. It should do so within 2 months of the date of this order to avoid service issues.
9. As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.
10. At the next hearing, the landlord should refer to this order and request that any amounts ordered be combined for enforcement purposes.
J Greene 19 March 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's representative attended the hearing, allowing their claims to be heard.
- The tenant's rent was at least 21 days overdue when the application was filed, which allowed the tenancy to be terminated.
- The landlord provided records that proved the amount of rent owed.
- The landlord was awarded the filing fee because their application was successful.
❌ Tends to be rejected
- The landlord withdrew their claim for damage because they did not have enough evidence to prove the costs.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided to terminate the tenancy and ordered the tenant to pay the landlord $2,799.00.
What was the dispute about?
The dispute was about unpaid rent arrears and the landlord's claim for damages.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days in arrears when the application was filed.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 55(1)(a) was applied.
What was the argument that mattered most?
The argument that mattered most was that the rent was at least 21 days in arrears when the application was filed.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they pay their rent on time to avoid having their tenancy terminated.
What evidence or documents mattered?
The rent records provided by the landlord proved the amount of rent owing.