Tenant ordered to pay $3,237 in rent arrears and filing fee
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay $3,237 to the landlord, including rent arrears and a filing fee. The tenant agreed to a repayment plan.
⚖️ Legal holding
A tenant is obligated to pay rent arrears and filing fees as ordered by the Tribunal.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and a filing fee reimbursement.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $3,237 in rent arrears and a filing fee reimbursement to the landlord. The Tribunal found that the tenant owed the specified amount and agreed to the repayment plan proposed by both parties.
📚 Full judgment Official document
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[2025] NZTT 5132329
TENANCY TRIBUNAL - [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. The Tribunal orders suppression of the parties’ names and identifying details.
2. [The tenant/s] owes [The landlord/s] $3,237.00 (“the debt”) as follows:
Description Landlord Tenant Rent arrears to Thursday 20 February 2025 $3,210.00 Filing fee reimbursement $27.00 Total award $3,237.00 Total payable by Tenant to Landlord $3,237.00
3. The tenant must pay the debt in order 2 as follows:
a. by a payment of $1,800.00 tomorrow Thursday 20 February 2025;
b. by fortnightly payments of not less than $1,700.00 starting on Thursday 6 March 2025 and continuing each second Thursday thereafter until the debt is fully repaid.
4. If the tenant fails to make any payment required by Order within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
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Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for rent arrears and has provided rent records which prove the amount owing. The arrears owed are not disputed.
3. The parties have agreed arrangements for the debt to be repaid.
4. I record that I have declined to make a conditional termination Order because a conditional termination Order can only be made as an alternative to a final termination Order (s.55(1A) RTA).
5. I would not have considered making a final termination Order because:
a. the application did not include an application for termination of the tenancy;
b. rent was less than 21 days in arrears when the application was filed;
c. no 14 day notice has been issued in respect of the arrears (s.56(1)(b));
d. I am satisfied that as at tomorrow, the arrears will have been reduced below 21 days (s.56(2)).
6. Because [The applicant/s] has succeeded with the claim I must reimburse the filing fee.
[NAME] 19 February 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 proved the amount of rent arrears by providing rent records.
- The tenant did not dispute the amount of rent arrears owed.
- The parties reached an agreement on how the debt would be repaid.
- The landlord succeeded with the claim, which required reimbursement of the filing fee.
❌ Tends to be rejected
- The rent was not overdue by 21 days or more when the application was submitted.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision ordered the tenant to pay $3,237 to the landlord, including rent arrears and a filing fee.
What was the dispute about?
The dispute was about the tenant's unpaid rent and the landlord's request for a filing fee reimbursement.
How did the court decide, and why?
The court decided that the tenant must pay the specified amount because the rent arrears were undisputed and the parties agreed on a repayment plan.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The undisputed nature of the rent arrears and the agreement between the parties on the repayment plan were the most important factors.
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 accurate records of rent payments and agreements with the landlord on repayment plans.
What evidence or documents mattered?
The rent records provided by the landlord mattered in proving the amount owing.