Tenant Ordered to Pay Filing Fee After Resolving Rent Arrears
📌 In brief
In this Tenancy Tribunal case, the tenant was ordered to pay the filing fee even though the rent arrears had been resolved. The Tribunal emphasised the importance of keeping rent payments current to avoid termination.
⚖️ Legal holding
A tenant must pay the filing fee if the landlord's application for termination due to rent arrears is justified.
📖 Technical summary
The Tribunal ordered the tenant to pay the filing fee despite the rent arrears being resolved.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the filing fee despite the landlord's application for termination due to rent arrears being resolved. The Tribunal ruled that the tenant must keep rent up to date to avoid termination.
📚 Full judgment Official document
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[2025] NZTT 5176431
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] as Agent for [NAME] $27 filing fee immediately.
Reasons:
1. The hearing was conducted by telephone. Both parties attended.
2. The landlords applied for termination for rent arrears. The arrears have now been paid and rent is paid up to 20 March according to the rent statement filed today.
3. The landlords could still have sought termination today but do not wish to do so. The landlords indicated that if rent arrears arise in future, they are likely to seek termination. I explained to the tenant that bringing the rent up to date before the
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hearing does not prevent the Tribunal from terminating the tenancy. It is therefore important that rent is kept up to date.
4. The landlord was justified in bringing this application and so I have ordered the tenant to pay the filing fee.
[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 was justified in bringing the application for termination due to rent arrears.
- The tenant was ordered to pay the filing fee because the landlord's application was justified.
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 filing fee despite the rent arrears being resolved.
What was the dispute about?
The dispute was about whether the tenant should pay the filing fee after resolving rent arrears.
How did the court decide, and why?
The court decided that the tenant must pay the filing fee because the landlord's application was justified, even though the arrears were resolved.
Which laws or rules were applied?
No specific laws or rules were cited in the decision.
What was the argument that mattered most?
The most critical argument was that the landlord's application was justified, which led to the tenant being ordered to pay 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 should ensure that rent is kept up to date to avoid termination and potential filing fees.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.