Tenant Ordered to Pay $777.00 for Rent Arrears and Filing Fees
📌 In brief
The Tenancy Tribunal ordered a tenant to pay $777.00 to their landlord for unpaid rent and filing fees. The landlord had proven the amount owing, and the tenant's name and identifying details were kept secret.
⚖️ Legal holding
A tenant must pay rent arrears and filing fees when the landlord proves the amount owing.
📖 Technical summary
The Tribunal awarded the landlord $777.00 for rent arrears and filing fees.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $777.00 to the landlord for rent arrears and filing fees after the landlord proved the amount owing. The landlord's name and identifying details were suppressed.
📚 Full judgment Official document
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[2025] NZTT 4955059
TENANCY TRIBUNAL - [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
2. [NAME] must pay [The landlord/s] $777.00 immediately, calculated as shown in the table below.
Description Landlord Tenant Rent arrears to 27/03/2024 $750.00 Filing fee reimbursement $27.00 Total award $777.00 Total payable by Tenant to Landlord $777.00
Reasons:
1. The landlord attended the hearing which was held by teleconference. The Tribunal was unable to contact the tenant on the contact number provided in the application.
2. This matter was previously adjourned by Adjudicator Merrett to allow personal service of the application and Notice of Hearing on the tenant. Personal service was attempted but was unsuccessful.
3. I am proceeding with the hearing today and in doing so invoke the provisions of section 91B of the Residential Tenancies Act 1986 (the Act) as I am satisfied that all reasonable efforts have been made to serve the tenant in accordance
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with the Act and the failure to serve is not due to any fault or unreasonable delay by the landlord.
4. The tenancy ended on 27 March 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. The landlord’s evidence is undisputed.
5. As the landlord has wholly succeeded with the claim, I must order the tenant to reimburse the filing fee and grant suppression of the landlord’s name and identifying details.
[NAME] 08 January 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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord provided undisputed rent records proving the amount owing.
- All reasonable efforts were made to serve the tenant according to the law.
- The landlord successfully claimed for the filing fee reimbursement.
❌ Tends to be rejected
- The tenant did not attend the hearing and could not dispute the landlord's claims.
- The tenant failed to provide any counter-evidence or defense for the rent arrears.
- The tenant did not respond to the attempts to personally serve the application.
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 $777.00 to the landlord for rent arrears and filing fees.
What was the dispute about?
The dispute was about unpaid rent and the landlord seeking reimbursement for filing fees.
How did the court decide, and why?
The court decided in favour of the landlord because they successfully proved the amount of rent arrears and filing fees owed.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 91B was applied.
What was the argument that mattered most?
The landlord's proof of the amount owing was the most important argument.
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 proof of rent arrears and filing fees if they wish to seek reimbursement.
What evidence or documents mattered?
The rent records provided by the landlord mattered.