Tenant ordered to pay $344.40 including debt collection costs
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $344.40, including $317.40 for debt collection costs and $27.00 for filing fee reimbursement. The tenancy agreement stated that the tenant was responsible for these costs.
⚖️ Legal holding
A tenant is required to pay debt collection costs if the tenancy agreement stipulates such liability and the costs are reasonably incurred.
📖 What the law says
Generally, the Tenancy Tribunal cannot order one party to pay the other's legal costs. However, it can make such an order if the case was frivolous, vexatious, or should not have been brought, or if a party was represented by a lawyer, or if a party unreasonably refused to settle the dispute with a Tenancy Mediator.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay debt collection costs and filing fee reimbursement.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $344.40, including debt collection costs and filing fee reimbursement, as the tenancy agreement confirmed the tenant's liability for these costs.
📚 Full judgment Official document
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[2025] NZTT 5220852
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Portland, RD 8, Whangarei 0178
ORDER
1. [NAME] must pay [COMPANY] As Agent For [NAME] $344.40 immediately as set out below;
Description Landlord Tenant Debt collection costs $317.40 Filing fee reimbursement $27.00 Total award $344.40 Total payable by Tenant to Landlord $344.40
Reasons:
1. Only the applicant attended the hearing.
2. The landlord has applied for debt collection costs associated with collecting a debt from a previous Tribunal Order that ordered rent arrears, costs associated with the early end of a fixed term tenancy and a refund of the bond.
3. The tenancy agreement confirms that the tenant is liable to pay these costs which are awarded under s 102 (5) as they are reasonably incurred recovering a debt the Tribunal has ordered must be paid by the tenant.
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4. The applicant has provided an invoice which proves the amount owing and confirmed that the costs will be incurred as soon as this order is provided to the debt collection company. The order directing the tenant to pay the costs is required before the debt collection can commence.
5. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
03 June 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 tenancy agreement states the tenant must pay debt collection costs.
- The costs are reasonably incurred to recover a debt ordered by the Tribunal.
- The order is necessary before debt collection can start.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the tenant to pay $344.40, including $317.40 for debt collection costs and $27.00 for filing fee reimbursement.
What was the dispute about?
The dispute was about the tenant's responsibility to pay debt collection costs and filing fees as specified in the tenancy agreement.
How did the court decide, and why?
The court decided that the tenant must pay the specified costs because the tenancy agreement confirmed the tenant's liability for these costs, and the costs were reasonably incurred.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 102(5) was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenancy agreement confirmed the tenant's liability for debt collection costs and filing fees.
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 their tenancy agreement specifies their liability for debt collection costs and filing fees.
What evidence or documents mattered?
The invoice provided by the landlord proved the amount owing and confirmed that the costs would be incurred once the order was provided to the debt collection company.