Tenant ordered to pay $4,777 in rent arrears
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay $4,777 to the landlord, including $4,750 in unpaid rent and a $27 filing fee. Despite claiming that the landlord had failed to meet certain obligations, the tenant was told to pay the rent and file a separate complaint if necessary.
⚖️ Legal holding
A tenant must pay rent arrears as proven by rent records.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and the filing fee.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $4,777 to the landlord, including $4,750 in rent arrears and a $27 filing fee. The tenant claimed withholding rent due to landlord failures but was advised to pay the arrears and file a separate application for any issues.
📚 Full judgment Official document
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[2025] NZTT 5257599
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] As Agent For [NAME] $4,777.00 immediately, being rent arrears to 2 June 2025 of $4,750.00 and the filing fee of $27.00.
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Reasons:
1. Both parties attended the hearing. [NAME] appeared for the landlord. Mr [NAME] represented all tenants.
2. The landlord has applied for rent arrears and has provided rent records which prove the amount owing. The total rent arrears of $4.750.00 was not disputed by the tenant. He claimed to be withholding rent due to claimed failures of the landlord. He was advised to pay rent arrears and the rent as due and lodge an appropriate application with the Tribunal regarding any such failures.
3. Both parties have indicated an intention to lodge further applications. If so, these should be filed as soon as possible.
Filing fee
4. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
M Brennan
29 May 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 provided rent records proving the amount of rent arrears.
- The tenant did not dispute the amount of rent arrears.
- The tenant's claims about landlord failures were not relevant to paying the rent arrears.
❌ Tends to be rejected
- The tenant withheld rent claiming the landlord had failed in some way.
- The tenant did not provide evidence to dispute the rent arrears.
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 $4,777 to the landlord, including $4,750 in rent arrears and a $27 filing fee.
What was the dispute about?
The dispute was over unpaid rent, with the tenant claiming that the landlord had not fulfilled certain responsibilities.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears as proven by the landlord's rent records, advising the tenant to pay the rent and file a separate application for any landlord failures.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The most important argument was the proof of rent arrears through the landlord's rent records.
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 rent payments and consider paying rent arrears while addressing any landlord failures separately.
What evidence or documents mattered?
The rent records provided by the landlord were the key evidence in this case.