Tenant Ordered to Pay Filing Fee After Clearing Rent Arrears
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord a filing fee after the tenant cleared rent arrears. The hearing was conducted over the phone, with only the landlord present.
⚖️ Legal holding
A tenant must pay the filing fee if they clear rent arrears after a hearing.
📖 Technical summary
The Tribunal ordered the tenant to pay the filing fee after clearing rent arrears.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord a filing fee after the tenant cleared rent arrears. The hearing was conducted by telephone, with only the landlord attending.
📚 Full judgment Official document
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[2025] NZTT 5177512
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $27 filing fee immediately.
Reasons:
1. The hearing was conducted by telephone. Only the landlord attended.
2. The landlord applied for termination for rent arrears. The tenant has now cleared the arrears and the landlord seeks only payment of the filing fee which I have ordered.
[NAME]
24 March 2025
__________________________________________________________________________________ 5177512 2
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/
__________________________________________________________________________________ 5177512 3
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 tenant cleared the rent arrears after the hearing.
- The landlord requested payment of the filing fee after the arrears were cleared.
❌ Tends to be rejected
- The tenant did not attend the hearing, so arguments presented by the tenant were not considered.
- There were no specific arguments provided by the tenant to avoid paying the filing fee.
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 the landlord a filing fee after clearing rent arrears.
What was the dispute about?
The dispute was about rent arrears and the payment of a filing fee.
How did the court decide, and why?
The court decided that the tenant must pay the filing fee because the arrears had been cleared and the landlord requested it.
Which laws or rules were applied?
No specific laws or rules were mentioned in the decision.
What was the argument that mattered most?
The most important argument was that the tenant had cleared the rent arrears and the landlord requested the filing fee.
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 might also be required to pay a filing fee if they clear rent arrears.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents.