Tenant ordered to pay $732 in rent arrears
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $732 in rent arrears to the landlord and the landlord to return the bond of $1,365. The landlord presented evidence showing the amount of rent owed and the bond to be returned.
⚖️ Legal holding
A tenant must pay rent arrears to the landlord as proven on the balance of probabilities.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and the landlord to return the bond.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $732 in rent arrears to the landlord and the landlord to return the bond of $1,365. The landlord provided evidence of the rent arrears and the bond amount.
📚 Full judgment Official document
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[2025] NZTT 5229238
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] T/A Ray White Gisborne As Agent For [NAME] $732.00 immediately, calculated as shown in table below.
2. [COMPANY] is to pay the bond of $1,365.00 (5149844-006) to [COMPANY] T/A Ray White Gisborne As Agent For [NAME] immediately.
Description Landlord Tenant Rent arrears to 2 March 2025 $2,070.00 Filing fee reimbursement $27.00 Total award $2,097.00 Bond $1,365.00 Total payable by Tenant to Landlord $732.00
Reasons:
1. The landlord attended the hearing. The tenant did not.
2. The landlord has applied for rent arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
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3. As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.
RENT ARREARS
4. The landlord gave evidence that the tenancy ended on 2 March 2025. I accept the landlord’s evidence on this point.
5. The landlord submitted a rent summary, which proves rent arrears are $2,070.00 up to 2 March 2025. The landlord’s claim for rent arrears is granted in full for this amount.
FILING FEE
6. [COMPANY] T/A Ray White Gisborne As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
L Ryken
05 June 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 evidence showing the exact amount of rent arrears.
- The landlord proved the rent arrears on the balance of probabilities.
- The landlord successfully claimed for the reimbursement of the filing fee.
❌ Tends to be rejected
- (No arguments presented by the tenant were addressed in the decision.)
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 $732 in rent arrears to the landlord and the landlord was ordered to return the bond of $1,365.
What was the dispute about?
The dispute was about unpaid rent arrears and the return of the bond after the tenancy ended.
How did the court decide, and why?
The court decided in favour of the landlord because the landlord proved the rent arrears on the balance of probabilities.
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 landlord's evidence proving the amount of rent arrears on the balance of probabilities.
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 have clear evidence of rent arrears to present to the Tenancy Tribunal.
What evidence or documents mattered?
The rent summary and the bond amount mattered in this case.