Tenant Ordered to Pay Rent Arrears
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears to the landlord and allowed the release of the bond to offset the debt. The landlord provided rent records proving the amount owing at the end of the tenancy.
⚖️ Legal holding
A tenant is required to pay rent arrears to the landlord.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and allowed the release of the bond to offset the debt.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears to the landlord and allowed the release of the bond to offset the debt. The landlord provided rent records proving the amount owing at the end of the tenancy.
📚 Full judgment Official document
__________________________________________________________________________________ 5146879 1
[2025] NZTT 5146879
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [COMPANY]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: 6 PUREORA PLACE, [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agents For [COMPANY] $821.28 immediately, calculated as shown in table below:
Description Landlord Rent arrears $3,574.28 Filing fee reimbursement $27.00 Total award $3,601.28 Bond $2,780.00 Total payable by Tenant to Landlord $821.28
2. The Bond Centre is to pay the bond of $2,780.00 (BN-00004951) to [COMPANY] As Agents For [COMPANY] immediately.
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
__________________________________________________________________________________ 5146879 2
3. Between the application being filed and the hearing date, the parties agreed to end the tenancy. So, the only issue before me today was rent arrears and refund of the bond.
4. The landlord attempted to raise other matters at the hearing. The landlord’s representative had submitted other documents relating to this tenancy but had not advised Tenancy Services or the Tribunal that she wished to amend the application. Hearing time is scheduled by reference to the matters stated in the application. Further the other party is entitled to be informed of the claims against it.
5. It is not enough for a party to add additional documents to a file and attempt to amend its claim at the hearing. Proper notice must be given of what is being claimed.
6. The Notice of Hearing sent to the parties clearly records the issues for determination are termination, rent arrears and bond.
7. The landlord has provided rent records which prove the amount owing at the end of the tenancy and the tenant agreed to the bond being released to the landlord to reduce the amount owed. I have made orders accordingly.
8. As the landlord was successful, I have awarded reimbursement of the Tribunal application fee.
R Morgan
02 April 2025
__________________________________________________________________________________ 5146879 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/
__________________________________________________________________________________ 5146879 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 tenant agreed to the bond being released to the landlord to reduce the amount owed.
- The landlord provided rent records proving the amount owing at the end of the tenancy.
❌ Tends to be rejected
- The landlord attempted to raise other matters at the hearing without proper notice.
- Additional documents were submitted without advising Tenancy Services or the Tribunal of the intention to amend the application.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the tenant to pay rent arrears to the landlord and allowed the release of the bond to offset the debt.
What was the dispute about?
The dispute was about the tenant's unpaid rent arrears and the release of the bond to offset the debt.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and allowed the release of the bond to offset the debt because the landlord provided rent records proving the amount owing at the end of the tenancy.
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 provision of rent records by the landlord proving the amount owing at the end of the tenancy.
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 clear proof of rent arrears to support their case.
What evidence or documents mattered?
The rent records provided by the landlord mattered.