Tenant ordered to pay $9,841 in rent arrears
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $9,841 in rent arrears to the landlord. The decision was based on proven records of unpaid rent, despite previous informal repayment arrangements.
⚖️ Legal holding
A tenant must pay rent arrears proven by the landlord's records.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $9,841 in rent arrears to the landlord, based on proven records of unpaid rent. The decision was made despite previous informal repayment arrangements.
📚 Full judgment Official document
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[2025] NZTT 5087168
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $9,841.00 immediately, being rent arrears to 16 October 2024.
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Reasons:
1. The landlord attended the hearing, conducted via teleconference.
2. Two calls to the tenant did not get a response. I was satisfied adequate service had completed so it was appropriate to proceed with the hearing.
3. The tenancy ended 16 October 2024. It was a long tenancy that commenced in 2017.
4. The landlord has applied for rent arrears and has provided rent records which prove the amount owing is $9,841.00.
5. I discussed with the landlord the large rent arrears and what steps to mitigate the growing potential loss had been previously taken. The rent arrear total reflects some dramatic swings in the weekly rent during this tenancy. This was due to financial reassessment. Previously, such arrears had been resolved with agency assistance.
6. After the final dramatic increase in arrears, the parties entered into an informal repayment arrangement that remained in place until near the end of the tenancy. This history is reflected in the rent summary.
7. Having considered the above, I do not consider the landlord failed to mitigate its losses such that any revision downwards in the rent arrears should be made.
[NAME]
19 March 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 owing.
- The landlord discussed previous steps taken to mitigate losses due to rent arrears.
- An informal repayment arrangement between the landlord and tenant was in place.
❌ Tends to be rejected
- The tenant did not respond to calls and 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 $9,841 in rent arrears to the landlord.
What was the dispute about?
The dispute was about unpaid rent arrears over the course of the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears based on the landlord's proven records of unpaid rent.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was the proven records of unpaid rent provided by the landlord.
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 proof of rent payments to avoid such orders.
What evidence or documents mattered?
The evidence that mattered was the landlord's records of unpaid rent.