Tenant Ordered to Pay Rent Arrears After Failing to Attend Hearing
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $372.86 to the landlord, including rent arrears and a filing fee reimbursement, after the tenant failed to attend the hearing. The landlord provided proof of the amount owing.
⚖️ Legal holding
A tenant must pay rent arrears and filing fees if they fail to attend the hearing and the landlord provides proof of the amount owing.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and a filing fee reimbursement to the landlord.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $372.86 to the landlord, including rent arrears and a filing fee reimbursement, after the tenant failed to attend the hearing. The landlord provided proof of the amount owing.
📚 Full judgment Official document
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[2025] NZTT 5158578
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $372.86 immediately, calculated as shown in table below:
Description Landlord Rent arrears (to 21 March 2025) $617.86 Filing fee reimbursement $27.00 Total award $644.86 Bond $272.00 Total payable by Tenant to Landlord $372.86
2. The Bond Centre is to pay the bond of $272.00 (3135134-015) to [COMPANY] immediately.
Reasons:
1. Representatives of the landlord attended the hearing.
2. The tenant did not attend. I called his mobile number during the hearing but the call went to voicemail.
3. The landlord had applied for termination of the tenancy and rent arrears. The tenancy ended between the application being submitted and the hearing date.
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4. At the hearing, the landlord claimed rent to the end of the tenancy on 21 March 2025 and has provided rent records which prove the amount owing.
5. As the landlord was the successful party, I have awarded reimbursement of the Tribunal application fee.
[NAME]
08 April 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 provided rent records that proved the amount of rent owing.
- The landlord was awarded reimbursement for the application fee because they were the successful party.
- The tenant did not attend the hearing, even after the adjudicator attempted to contact them by phone.
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 $372.86 to the landlord, including rent arrears and a filing fee reimbursement.
What was the dispute about?
The dispute was about unpaid rent arrears and the landlord's filing fee.
How did the court decide, and why?
The court decided that the tenant must pay the landlord the specified amount because the tenant did not attend the hearing and the landlord provided proof of the amount owing.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The most important argument was that the landlord provided proof of the rent arrears and the tenant did not attend the hearing.
Was the decision for or against the person who brought the case?
The decision was for the landlord, who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they attend all hearings and provide proof of any claims they make.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents used.