Tenant ordered to pay $600.86 in rent arrears
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $600.86 in rent arrears to the landlord after the landlord proved the amount owing through rent records. The tenant did not attend the hearing.
⚖️ Legal holding
A tenant must pay rent arrears if they have been proven to exist.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears to the landlord.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $600.86 in rent arrears to the landlord after the landlord proved the amount owing through rent records. The tenant did not attend the hearing.
📚 Full judgment Official document
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[2025] NZTT 5164831
TENANCY TRIBUNAL AT WELLINGTON | TE TARAIPIUNARA RETIHANGA KI TE WHANGANUI-A-TARA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE], Britomart St Flats
ORDER
1. [NAME] must pay [COMPANY] $600.86 immediately, being rent arrears to 14 April 2025.
Reasons:
1. The landlord attended the hearing.
2. The tenant was properly notified about the hearing but she did not attend.
3. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
4. The weekly rent is $96 a week. The tenant is only paying $76 a week. This means that each week the amount she owes the landlord increases by $20.
5. There is a danger that this tenancy could end because the tenant has not paid the correct rent. This is because the Tenancy Tribunal can end a tenancy once rent is 21 days behind. See section 55 Residential Tenancies Act 1986.
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6. The tenant should talk to her landlord immediately about the rent arrears and make the correct arrangements with MSD.
[NAME]
14 April 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 owed.
- The tenant did not attend the hearing, even though they were notified.
- The weekly rent is $96, but the tenant pays only $76, increasing the arrears by $20 each week.
- The tenant's non-payment puts the tenancy at risk of ending due to rent arrears.
❌ Tends to be rejected
- The tenant did not provide any defense or explanation for the rent arrears.
- The tenant did not discuss the rent arrears with the landlord or make proper arrangements with MSD.
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 $600.86 in rent arrears to the landlord.
What was the dispute about?
The dispute was about unpaid rent arrears.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears because the landlord provided proof of the amount owing through rent records.
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 landlord's proof of the rent arrears through rent records.
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 pay their rent on time to avoid facing similar consequences.
What evidence or documents mattered?
The rent records provided by the landlord mattered.