Tenant ordered to pay $7,327 for rent arrears
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $7,327 for rent arrears and a filing fee. The Tribunal found the tenant liable for the arrears under section 40(1)(a) of the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is liable for rent arrears under section 40(1)(a) of the Residential Tenancies Act 1986.
📖 What the law says
This section outlines a tenant's responsibilities, including the requirement to pay rent when it is due according to their tenancy agreement. It also covers other duties like keeping the premises clean and notifying the landlord of damage or repair needs.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and a filing fee.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $7,327 for rent arrears and a filing fee. The Tribunal found the tenant liable for the arrears under section 40(1)(a) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5152534
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] As Agent For the Owner $7,327.00 immediately, calculated as shown in the table below.
Description Landlord Tenant Rent arrears to 16/04/2025 $9,250.00 Filing fee reimbursement $27.00 Total award $9,277.00 Bond (already refunded) $1,950.00 Total payable by Tenant to Landlord $7,327.00
Reasons:
1. The landlord attended the hearing which was held by teleconference. The Tribunal contacted the tenants on the contact numbers provided in the application but without success. I am satisfied that adequate service of the hearing notice has been completed and deemed it reasonable to proceed with the hearing in the tenants’ absence.
2. The landlord originally filed an application seeking termination of the tenancy due to rent arrears. However, at the hearing, the landlord confirmed that the
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tenant had since given notice and vacated the premises on 16 April 2025. Accordingly, the landlord now seeks recovery of the rent arrears owing at the end of the tenancy. The bond has already been refunded to the landlord.
How much is owed for rent arrears?
3. The landlord produced a final rent summary confirming that $9,250.00 in rent arrears remained outstanding at the end of the tenancy. I am satisfied that the rent summary is accurate and that the tenants are liable for the arrears under section 40(1)(a) of the Residential Tenancies Act 1986.
4. As the landlord has wholly succeeded with the claim, I must order the tenants to reimburse the filing fee.
J Setefano
14 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 a final rent summary showing $9,250.00 in rent arrears.
- The tenants did not respond to the Tribunal’s attempts to contact them.
- The rent summary was deemed accurate by the Tribunal.
❌ Tends to be rejected
- The tenants did not provide any counter-evidence or explanation for the rent arrears.
- The tenants did not attend the hearing to dispute the amount of rent arrears claimed.
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 $7,327 for rent arrears and a filing fee.
What was the dispute about?
The dispute was about the tenant's unpaid rent arrears.
How did the court decide, and why?
The court decided that the tenant was liable for the rent arrears under section 40(1)(a) of the Residential Tenancies Act 1986.
Which laws or rules were applied?
Section 40(1)(a) of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant was liable for the rent arrears under the Residential Tenancies Act 1986.
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 such disputes.
What evidence or documents mattered?
The evidence included a final rent summary showing the amount of rent arrears.