Tenant Ordered to Pay $4,667 in Rent Arrears and Filing Fees
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay $4,667 to the landlord, which includes rent arrears and the landlord's filing fee. This decision was based on the landlord providing rent records that proved the amount owed.
⚖️ Legal holding
A tenant must pay rent arrears as proven by rent records.
📖 What the law says
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 Tribunal ordered the tenant to pay rent arrears and filing fees.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $4,667 to the landlord, including rent arrears and filing fees, after the landlord presented rent records proving the amount owing.
📚 Full judgment Official document
__________________________________________________________________________________ 5192292 1
[2025] NZTT 5192292
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] On Behalf Of [COMPANY] $4,667.00 immediately, calculated as shown in table below:
Description Landlord Rent arrears (and current rent to 15 May 2024) $4,640.00 Filing fee reimbursement $27.00 Total award $4,667.00 Total payable by Tenant to Landlord $4,667.00
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 rent is payable weekly in advance, each Friday.
3. If the landlord had applied for termination of the tenancy, I would have been required to make an immediate or conditional termination order. See ss55(1)(a) and 55(1A) Residential Tenancies Act.
__________________________________________________________________________________ 5192292 2
4. As the landlord was the successful party, I must also award reimbursement of the Tribunal application fee.
R Morgan
07 May 2025
__________________________________________________________________________________ 5192292 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/
__________________________________________________________________________________ 5192292 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 landlord was successful in their application for rent arrears.
- The tenant was ordered to pay the filing fee because the landlord won the case.
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 $4,667 to the landlord, including rent arrears and filing fees.
What was the dispute about?
The dispute was over unpaid rent arrears and the landlord's filing fee.
How did the court decide, and why?
The court decided in favour of the landlord because the rent records proved 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 presentation of rent records by the landlord.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have proper documentation of their rent payments to avoid such disputes.
What evidence or documents mattered?
The rent records presented by the landlord mattered in this decision.
