Tenant Ordered to Pay $6,092.00 for Rent Arrears and Filing Fees
📌 In brief
In a recent Tenancy Tribunal case, the tenant was ordered to pay $6,092.00 to the landlord for rent arrears, water rates, and filing fees. The tenant failed to comply with the rental agreement and fell into arrears.
⚖️ Legal holding
A tenant must pay rent arrears, water rates, and filing fees to the landlord as ordered by the Tenancy Tribunal.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay the landlord $6,092.00 for rent arrears, water rates, and filing fees.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $6,092.00 for rent arrears, water rates, and filing fees. The tenant failed to comply with the rental agreement and fell into arrears.
📚 Full judgment Official document
__________________________________________________________________________________ 5151944 1
[2025] NZTT 5151944
TENANCY TRIBUNAL AT WHANGAREI | TE TARAIPIUNARA RETIHANGA KI WHANGĀREI-TERENGA-PARĀOA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $6,092.00 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 16 February 2024 $5,873.00 Water rates $192.00 Filing fee reimbursement $27.00 Total award $6,092.00 Total payable by Tenant to Landlord $6,092.00
Reasons:
1. The application seeks vacated rent arrears, water rates, and lawnmowing costs.
2. The hearing took place by phone today, 12 March 2025. [NAME] ([COMPANY]) participated in the hearing. [NAME] answered the phone, but then hung up when the Registrar asked her to state her name for the record. The Registrar made multiple attempts to call [NAME] back, without success. The hearing proceeded in [NAME]’s absence.
__________________________________________________________________________________ 5151944 2
3. [NAME] said that the original intention was for [NAME] to have two flatmates, and that each would pay $215.00 per week. [NAME] said that [NAME] would be responsible for paying $630.00 per week to him, and the flatmates would pay their share to [NAME].
4. [NAME] entered into a written agreement with [NAME] on a Tenancy Services “Flat / house sharing” document. [NAME] acknowledges that this was a misunderstanding on his part. He should have used a standard tenancy agreement.
5. The flat sharing documents states that the rent is $215.00, but I accept [NAME]’s statement that this doesn’t accurately reflect the agreement with [NAME], detailed above, that she was to pay $645.00 per week to him. This is supported by the fact that [NAME] did in fact pay $645.00 per week for the first few weeks of the tenancy.
6. The written agreement states that [NAME] was to pay a bond of $430.00. [NAME] made one payment of $100.00 towards the bond. [NAME] has applied this payment to rent in his calculation of arrears.
7. [NAME] fell into arrears from late November 2024. In January 2025, [NAME] gave [NAME] a notice purporting to terminate the tenancy in 21-days because of the rent arrears.
8. [NAME] vacated on 16 February 2025.
9. [NAME]’s rent record establishes rent arrears of $5,873.00 to that date.
10. [NAME] recorded the water meter reading at the start and end of the tenancy. The tenant’s proven water use totals $192.00.
11. The claim also seeks lawnmowing costs. Tenants must leave the premises (inside and out) reasonably clean and tidy at the end of the tenancy. [NAME] did not have any photographs of the property at the end of the tenancy. The burden of proof is with [NAME]. In the absence of evidence of the condition of the lawns at the end of the tenancy I am unable to award the lawn mowing costs.
12. The landlord has been largely successful in this application and I will also award the landlord the filing fee of $27.00.
N Blake
12 March 2025
__________________________________________________________________________________ 5151944 3
__________________________________________________________________________________ 5151944 4
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/
__________________________________________________________________________________ 5151944 5
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 statement about the weekly rent amount was accepted because the tenant actually paid that amount for the first few weeks.
- The landlord's rent record clearly showed the amount of rent that was owed up to the date the tenant moved out.
- The landlord provided meter readings that proved the tenant's water usage and the cost associated with it.
- The landlord was awarded the filing fee because they were largely successful in their application.
❌ Tends to be rejected
- The landlord's claim for lawnmowing costs was rejected because there was no evidence of the lawn's condition at the end of the tenancy.
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 the landlord $6,092.00 for rent arrears, water rates, and filing fees.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears, water rates, and filing fees as agreed in the rental contract.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant failed to comply with the rental agreement and fell into arrears.
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 that the tenant had fallen into arrears and failed to comply with the rental agreement.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they comply with their rental agreement to avoid falling into arrears.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.