Tenant ordered to pay $5,856.29 in rent arrears
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay $5,856.29 in rent arrears to the landlord. The bond of $2,760.00 was returned to the tenant. The decision was based on the landlord's proof of rent owing.
⚖️ Legal holding
A tenant is required to pay rent arrears to the landlord under the Residential Tenancies Act 1986, as evidenced by the rent records provided.
📖 Technical summary
The Tribunal ordered the tenant to pay $5,856.29 to the landlord, including rent arrears and filing fees.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $5,856.29 in rent arrears to the landlord, while the bond of $2,760.00 was returned to the tenant. The decision was based on the landlord's proof of rent owing.
📚 Full judgment Official document
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[2025] NZTT 5153336
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlords
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Palmerston North, Palmerston North 4414
ORDER
1. The tenancy of [NAME] at [ADDRESS], Palmerston North, Palmerston North 4414 ended on 21 March 2025
2. The Bond Centre is to pay the bond of $2,760.00 (3003943-009) to [NAME] immediately.
3. [NAME] must pay [NAME] $5,856.29 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 21 March 2025 $8,589.29 Filing fee reimbursement $27.00 Total award $8,616.29 Minus Bond - $2,760.00 Total payable by Tenant to Landlord $5,856.29
Reasons:
1. Both parties attended the hearing which was held by video/ teleconference.
2. The landlords applied for termination of the tenancy and rent arrears. The tenancy has since ended. The landlords have provided rent records which prove the amount owing at the end of the tenancy.
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3. The tenant does not dispute the rent record but has issues concerning a proposed rent increase and termination of the tenancy that she wishes to raise.
4. The landlord will be seeking compensation for damages and cleaning costs.
5. Those claims will need to be brought through further applications.
6. [NAME] have wholly succeeded with the claim I must reimburse the filing fee.
7. This Order replaces the Tribunal’s Order dated 25 March 2025 which incorrectly recorded the filing fee as $27.99.
B King
26 March 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 landlords provided rent records proving the amount of rent arrears.
- The tenant does not dispute the rent records.
- The tribunal reimbursed the filing fee requested by the landlord.
❌ Tends to be rejected
- The tenant's issues concerning a proposed rent increase were not addressed in this decision.
- The landlord's claims for damages and cleaning costs were not resolved in this decision and will need to be brought through further applications.
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 $5,856.29 to the landlord, including rent arrears and a filing fee reimbursement.
What was the dispute about?
The dispute was over unpaid rent arrears and the reimbursement of a filing fee.
How did the court decide, and why?
The court decided in favour of the landlord, relying on the rent records provided to prove the amount owed by the tenant.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54, was applied.
What was the argument that mattered most?
The argument that mattered most was the presentation of accurate 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?
For someone in a similar situation, it means they must provide accurate rent records to support their claims and ensure compliance with the Residential Tenancies Act.
What evidence or documents mattered?
The rent records provided by the landlord mattered significantly in the decision.