Tenant Ordered to Pay $9,393.64 in Rent Arrears and Bond Repayment
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay rent arrears and bond repayment when they abandon the tenancy without giving notice. In this case, the tenant was ordered to pay $9,393.64 to the landlord.
⚖️ Legal holding
A tenant must pay rent arrears and bond repayment when they abandon the tenancy without notice.
📖 Technical summary
The Tenancy Tribunal awarded the landlord $9,393.64 in rent arrears and bond repayment.
📜 Headnote Official document
The Tenancy Tribunal awarded the landlord $9,393.64 in rent arrears and bond repayment after the tenant abandoned the tenancy without notice. The landlord was granted an adjournment to provide rent records, which were deemed sufficient to prove the claim.
📚 Full judgment Official document
__________________________________________________________________________________ 5077728 1
[2025] NZTT 5077728
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Aongatete, RD 4, Aongatete 3181
ORDER
1. [NAME] must pay [NAME] $9,393.64 immediately, calculated as shown in table below.
2. The [COMPANY] is to pay the bond of $1,600.00 (5864607-002) to [NAME] immediately.
Description Landlord Tenant Rent arrears to 31 January 2025 $10,966.64 Filing fee reimbursement $27.00 Total award $10,993.64 Bond $1,600.00 Total payable by Tenant to Landlord $9,393.64
Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made to her at the scheduled time on the number provided to the Tribunal.
2. Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
__________________________________________________________________________________ 5077728 2
3. The landlord has applied for rent arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
4. The landlord gave evidence today that the tenancy ended by consent on 31 January 2025 when [NAME] vacated the property. No notice was given, and the landlord does not wish to claim rent for a notice period.
5. The landlord was granted an adjournment on the original hearing date of 24 December 2024, to provide intelligible rent records for the tenancy. In my view, the rent records provided today is still somewhat sketchy. However, in conjunction with the oral evidence given by the landlord about the tenant and his partner vacating the property (in effect they abandoned the tenancy), I am satisfied by a fine margin that I have sufficient information to find the claim for rent arrears proved.
6. I note that the tenant has now had two opportunities to attend hearings on this application, and he has declined to do so.
7. As at 31 January 2025 the rent arrears owing was $10,966.63.
8. The amount is proved.
9. [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
19 February 2025
__________________________________________________________________________________ 5077728 3
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/
__________________________________________________________________________________ 5077728 4
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 that the tenant abandoned the tenancy.
- The landlord showed that no notice was given before the tenant left.
- The landlord presented rent records, even though they were somewhat incomplete.
- The landlord requested reimbursement of the filing fee, which was granted.
❌ Tends to be rejected
- The tenant did not attend the hearing and therefore could not present their side.
- The tenant did not request an adjournment, allowing the hearing to proceed in their absence.
- The tenant did not provide any counter-evidence or explanation for the abandonment.
- The tenant missed two opportunities to attend hearings on this 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 $9,393.64 in rent arrears and bond repayment to the landlord.
What was the dispute about?
The landlord claimed rent arrears and bond repayment after the tenant abandoned the tenancy without notice.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant abandoned the tenancy without notice, leaving rent arrears and requiring bond repayment.
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 that the tenant abandoned the tenancy without notice, leaving rent arrears and requiring bond repayment.
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 follow proper procedures when ending a tenancy to avoid rent arrears and bond repayment issues.
What evidence or documents mattered?
The rent records provided by the landlord and the oral evidence about the tenant abandoning the tenancy mattered.