Tenant Ordered to Pay Rent Arrears After Failing to Attend Hearing
📌 In brief
The Tenancy Tribunal ordered a tenant to pay rent arrears and filing fees after the tenant failed to attend the hearing. The landlord received $1,872.57, which included previous order amounts, rent arrears, and the filing fee.
⚖️ Legal holding
A tenant who fails to attend a hearing is liable for rent arrears and associated costs.
📖 Technical summary
The tenant failed to attend the hearing, resulting in an order for rent arrears and filing fees.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and filing fees after the tenant failed to attend the hearing. The landlord was awarded $1,872.57, including previous order application, rent arrears, and filing fees.
📚 Full judgment Official document
__________________________________________________________________________________ 5094108 1
[2025] NZTT 5094108
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. The landlord’s name and details are suppressed.
2. [NAME] must pay the landlord $1,872.57 immediately, being:
a. Previous order application 5134408 dated 30/01/2025 of $697.00.
b. Rent arrears to 30 January 2025 of $1,148.57.
c. Reimbursement of the filing fee of $27.00.
Reasons:
1. The landlord attended the hearing by telephone. The tenant was telephoned twice but did not answer and a message was left.
2. This tenancy was terminated by Order 5134408 on the basis that the tenant had abandoned the property.
3. The landlord was entitled to rent to 11 February 2025 but had only supplied a rent statement to 30 January 2025. The Adjudicator advised the landlord to claim the balance of the rent owing in the application he would need to file for compensation for cleaning and repairs.
4. The landlord had assumed that these claims could be added to this application which was also for rent arrears and termination based on abandonment.
__________________________________________________________________________________ 5094108 2
5. As the tenant has not had notice of the landlord’s claims for compensation through the Notice of Hearing, it was not possible to consider the landlord’s claims for compensation. He will file a further application in due course.
6. This order has dealt with the landlord’s claim for rent only. As the landlord has provided rent records in support of his claim, an award is made for the remaining 11 days’ rent.
7. Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
G Baker 07 March 2025
__________________________________________________________________________________ 5094108 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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord attended the hearing by telephone, showing their participation.
- The tenant was liable for a previous order from January 2025.
- The tenant was responsible for rent arrears up to January 30, 2025.
- The landlord provided rent records to support their claim for rent.
- The landlord was reimbursed the filing fee because they largely succeeded with their claim.
❌ Tends to be rejected
- The landlord's claims for compensation could not be considered because the tenant did not receive notice of them.
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 $1,872.57 to the landlord, including previous order amounts, rent arrears, and the filing fee.
What was the dispute about?
The dispute was about unpaid rent and the landlord's request for the tenant to pay the outstanding amount.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant failed to attend the hearing, leaving the landlord without opposition to their claims.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The fact that the tenant failed to attend the hearing was the most important factor in the decision.
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 to present their side of the story.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.