Tenant Ordered to Pay $9,019.86 for Rent Arrears and Filing Fees
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $9,019.86 to the landlord for rent arrears and filing fees. This decision was made according to the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is required to pay rent arrears and filing fees to the landlord as per the Residential Tenancies Act 1986.
📖 What the law says
This section gives the Tenancy Tribunal the power to resolve disagreements between landlords and tenants about their tenancy agreements. It allows the Tribunal to decide if a property is covered by the Act and if a tenancy agreement exists.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and filing fees to the landlord.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $9,019.86 to the landlord for rent arrears and filing fees. The decision was based on the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5183335
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
[NAME]
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] $9,019.86 immediately, calculated as shown in table below:
Description Landlord Rent arrears (3 November 2024) $8,992.86 Filing fee reimbursement $27.00 Total award $9,019.86 Total payable by Tenant to Landlord $9,019.86
Reasons:
1. A representative of the landlord attended the hearing. [NAME] attended the hearing. The tenants did not attend.
2. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
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3. On 28 October 2023, the guarantor provided a guarantee to the landlord, which undertook that the guarantor would be liable for any breach of the tenant's obligations.
4. The Tribunal has ordered the tenant to pay $9,019.86 to the landlord for the tenant’s breaches, which are all matters covered by the guarantee.
5. I am therefore satisfied that the guarantor is also liable under the guarantee to pay the landlord the sum ordered. See section 77(2)(ka) Residential Tenancies Act 1986.
[NAME]
21 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 rent records proving the amount owed.
- The guarantor provided a guarantee covering any breach of the tenant's obligations.
- The Residential Tenancies Act 1986 supports the landlord's claim for rent arrears and filing fees.
❌ Tends to be rejected
- The tenants did not attend the hearing.
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 $9,019.86 to the landlord for rent arrears and filing fees.
What was the dispute about?
The dispute was about the tenant owing rent arrears and the landlord seeking payment of these arrears along with filing fees.
How did the court decide, and why?
The court decided that the tenant must pay the landlord $9,019.86 because the landlord provided proof of the rent arrears and the guarantor had agreed to cover any breaches of the tenant's obligations.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 77(2)(ka), was applied.
What was the argument that mattered most?
The most important argument was that the landlord provided valid proof of the rent arrears and the guarantor had agreed to cover any breaches of the tenant's obligations.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have proper documentation of any rent arrears and consider having a guarantor to cover potential breaches of their obligations.
What evidence or documents mattered?
The rent records provided by the landlord and the guarantee provided by the guarantor mattered in this decision.