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AllowedTenancy Tribunal·

Tenant Ordered to Pay Rent Arrears

Case No.

📌 In brief

The Tenancy Tribunal ordered the tenant to pay $788.57 in rent arrears to the landlord. The landlord provided proof of the rent owed and the tenant failed to attend the hearing.

⚖️ Legal holding

A tenant must pay rent arrears as ordered by the Tenancy Tribunal.

Topics

rent arrearsbond refund

Provisions

📖 Technical summary

The Tenancy Tribunal ordered the tenant to pay rent arrears and the landlord to receive the bond amount.

📜 Headnote Official document

The Tenancy Tribunal ordered the tenant to pay $788.57 in rent arrears to the landlord. The landlord provided proof of the rent owed and the tenant failed to attend the hearing.

📚 Full judgment Official document

__________________________________________________________________________________ 5238553 1

[2025] NZTT 5238553

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [COMPANY] $788.57 immediately, being rent arrears to 4 May 2025.

2. The Bond Centre shall pay the Landlord $1840.00 immediately.

Description Landlord Tenant Rent arrears $2,628.57 Total award $2,628.57 Bond $1,840.00 Total payable by Tenant to Landlord $788.57

Reasons:

1. The Landlord attended the hearing by telephone. The Tenant was called twice on the phone number provided. The first call was answered and then the phone disconnected. The second call went straight to voicemail.

2. The Landlord applied for termination, rent arrears and refund of the bond.

3. The Landlord submitted the tenancy ended on 4 May 2025 pursuant to a section 51(1) notice they had served the Tenant with. The Landlord sought to withdraw this claim.

__________________________________________________________________________________ 5238553 2

4. The Landlord provided rent records that prove the amount of rent owing.

A Aiolupotea 20 May 2025

__________________________________________________________________________________ 5238553 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/

__________________________________________________________________________________ 5238553 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 rent records proving the amount of rent owing.
  • The Tenant did not attend the hearing and could not refute the claims.

❌ Tends to be rejected

  • The Tenant did not answer the phone calls to participate in the hearing.
  • The Tenant did not provide any counter-evidence or explanation for the rent arrears.

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 $788.57 in rent arrears to the landlord.

What was the dispute about?

The dispute was about unpaid rent arrears and the refund of the bond.

How did the court decide, and why?

The court decided in favour of the landlord because the tenant failed to attend the hearing and the landlord provided proof of the rent owed.

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 proof of rent arrears provided by the landlord.

Was the decision for or against the person who brought the case?

The decision was for the landlord.

What does this mean for someone in a similar situation?

Someone in a similar situation should ensure they provide adequate proof of rent arrears and attend all hearings.

What evidence or documents mattered?

The rent records provided by the landlord mattered.

Official source: Tenancy Tribunal headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Tenancy Tribunal and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.
Tenant Ordered to Pay Rent Arrears - Tenancy Tribunal | VadeLab