Tenant Ordered to Pay Rent Arrears After Failing to Attend Hearing
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $1,035.00 for rent arrears and return the bond after the tenant failed to attend the hearing. The tenant received proper notice of the hearing.
⚖️ Legal holding
A tenant who fails to attend a hearing after proper service of notice is liable for rent arrears and the landlord's filing fees.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the landlord applies, or if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or related individuals.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal awarded the landlord $1,035.00 for rent arrears and ordered the return of the bond.
📜 Headnote Official document
The Tenancy Tribunal awarded the landlord $1,035.00 for rent arrears and ordered the return of the bond after the tenant failed to attend the hearing. The tenant had been properly served notice of the hearing.
📚 Full judgment Official document
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[2025] NZTT 5188131
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $1,035.00 immediately, calculated as shown in table below.
2. [COMPANY] is to pay the bond of $516.00 (6542048-001) to [COMPANY] immediately.
Description Landlord Tenant Rent arrears to 07 May 2025 $1,524.00 Filing fee reimbursement $27.00 Total award $1,551.00 Bond $516.00 Total payable by Tenant to Landlord $1,035.00
Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made at the scheduled time to the number provided to the Tribunal.
2. The tenant has been served notice of the hearing by post to his residential address. Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant
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has not requested an adjournment, the hearing was conducted in the tenant’s absence.
3. The landlord has applied for rent arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
4. Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
5. The landlord provided rent records which prove the amount owing at today’s date is $1,524.00.
6. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
C Lamdin
07 May 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's claim for rent arrears was accepted because rent was at least 21 days overdue when the application was filed.
- The landlord's claim for rent arrears was accepted because they provided records proving the amount owed.
- The landlord's claim for bond repayment was accepted because the tenancy had ended.
- The landlord's claim for reimbursement of the filing fee was accepted because they fully succeeded with their claim.
- The hearing proceeded in the tenant's absence because the tribunal was satisfied that the tenant had been properly served notice.
❌ Tends to be rejected
- The tenant's position was rejected because they did not answer the calls for the teleconference hearing.
- The tenant's position was rejected because they did not request a delay for the hearing.
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 $1,035.00 for rent arrears and return the bond.
What was the dispute about?
The dispute was about unpaid rent arrears and the return 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 after receiving proper notice.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 55(1)(a) was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant received proper notice of the hearing and failed to attend.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they attend all hearings to avoid being ordered to pay rent arrears.
What evidence or documents mattered?
The evidence that mattered included the rent records and proof of proper service of notice.