Tenant ordered to pay $5,492.33 in rent arrears and filing fee
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $5,492.33 in rent arrears and a filing fee to the landlord. The tenant was served notice but did not attend the hearing.
⚖️ Legal holding
A tenant is required to pay rent arrears and a filing fee to the landlord under the Residential Tenancies Act 1986.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a notice from their landlord ending the tenancy. The tenant must do this within 14 working days of getting the notice. They can argue that the landlord gave the notice because the tenant used their rights or complained about the tenancy.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and a filing fee to the landlord.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $5,492.33 in rent arrears and a filing fee to the landlord, following a hearing where the tenant failed to attend.
📚 Full judgment Official document
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[2025] NZTT 5207318
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $5,492.33 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 17.4.2025 $5,465.33 Filing fee reimbursement $27.00 Total award $5,492.33 Total payable by Tenant to Landlord $5,492.33
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Reasons:
1. [NAME], representing the landlord, attended the teleconference hearing. The phone number for the tenant, the last three digits being 584, was called twice. Both calls went to voicemail. As the tenant was served, the hearing proceeded in her absence.
2. The landlord has applied for rent arrears. The tenancy was a fixed-term tenancy to 30 September 2025. The landlord said the tenant asked to leave the tenancy early, due to unforeseen circumstances, and that the tenant left on 10 February 2025. The landlord said the tenant signed a Break Lease form dated 29 January 2025, which was provided, agreeing to pay any break lease costs and agreeing to pay rent until a new tenant was found for the property.
3. Clause 39 of the Tenancy Agreement also provides for a break lease fee payable by the tenant, as well as for the tenant to continue paying rent until a new tenant moved into the property. The landlord said a new tenant moved into the property on 18 April 2025 ( redacted Tenancy Agreement for the new tenant confirming this date was provided) and clarified they are not claiming for any break lease fees, only for rent arrears to 17 April 2025, the day before the new tenant moved into the property.
4. The landlord said further that the tenant agreed to release the bond of $2,600.00 to the landlord. The landlord provided rent records which show that $2,409.65 was credited to the rent summary arrears on 17 February 2025. The landlord confirmed this was the bond applied to the rent arrears owing. The landlord further explained that the tenant had asked for them to call a plumber to unblock the toilet in November 2024, during the tenancy, and confirmed the tenant was aware that she was liable for this invoice for the plumber in the amount of $172.50 (a copy of this invoice was provided by the landlord). The landlord said this invoice was paid for out of the bond funds, given the tenant had acknowledged she owed them for the cost of the plumber. I accept this is likely, and is a reasonable deduction from the bond, as the plumber visit was requested by the tenant to unblock the toilet during the tenancy. The landlord acknowledged that left $17.88 from the bond unaccounted for, which had not yet been credited to rent arrears, which the landlord said could be deducted from any rent arrears found owing to them by the tenant.
5. The landlord’s rent summary showed that $5,483.21 was owing in rent arrears to 17 April 2025. With a further deduction of $17.88 to be credited to rent arrears from the bond, as outlined above, this brings the rent arrears owing to 17 April 2025 to $5,465.33.
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Filing fee
6. As [COMPANY] has been successful with the claim, I must reimburse the filing fee.
[NAME]
20 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's claim for rent arrears was supported by the tenancy agreement, which stated the tenant would continue paying rent until a new tenant moved in.
- A deduction from the bond for a plumber's invoice was accepted because the tenant had requested the service and acknowledged liability.
- The landlord was reimbursed the filing fee because they were successful with their claim.
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 $5,492.33 in rent arrears and a filing fee to the landlord.
What was the dispute about?
The dispute was about unpaid rent arrears and the landlord's request for a filing fee reimbursement.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not attend the hearing and the landlord provided evidence of the arrears.
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 evidence provided by the landlord showing the amount of rent arrears and the filing fee.
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 attend all hearings and provide evidence if they wish to contest the claims.
What evidence or documents mattered?
The rent records and the Break Lease form provided by the landlord mattered in this decision.