Tenant Ordered to Pay Rent Arrears After Non-Attendance
📌 In brief
In a recent Tenancy Tribunal case, a tenant was ordered to pay rent arrears and a filing fee to the landlord after failing to attend a scheduled hearing. The Tribunal relied on the landlord's provided rent records to determine the amount owed.
⚖️ Legal holding
A tenant must pay rent arrears and filing fees when they fail to attend a hearing and provide proof of the amount owed.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and a filing fee, while releasing the bond to the landlord.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and a filing fee to the landlord, while releasing the bond to the landlord. The tenant did not attend the hearing via video link, and the Tribunal relied on the landlord's provided rent records to make its decision.
📚 Full judgment Official document
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[2025] NZTT 5186972
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $424.14 immediately, calculated as shown in table below:
Description Landlord Rent arrears (to 13 March 2025) $1,357.14 Filing fee reimbursement $27.00 Total award $1,384.14 Bond $960.00 Total payable by Tenant to Landlord $424.14
2. [COMPANY] is to pay the bond of $960.00 (3050919-031) to [COMPANY] immediately.
Reasons:
1. A representative of the landlord attended the hearing.
2. The tenant did not attend by the video link provided in the Notice of Hearing. I attempted to call the tenant during the hearing, but the call could not be connected.
3. The tenancy has ended. The landlord claims rent to the end of the tenancy and refund of the bond.
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4. The provided rent records which prove the amount owed. I have made an order accordingly and have released the bond to the landlord.
5. As the landlord is the successful party, I have also awarded reimbursement of the Tribunal application fee.
[NAME]
27 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 provided proof of the rent arrears.
- The tenant did not attend the hearing.
- The landlord attended the hearing with a representative.
- The tribunal awarded the landlord the filing fee reimbursement.
❌ Tends to be rejected
- The tenant did not provide any proof or defense for the amount owed.
- The tenant did not attempt to connect during the hearing when called.
- The tenant did not contest the claim for rent arrears.
- The tenant did not request a rehearing or appeal the decision.
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 rent arrears and a filing fee to the landlord, while the landlord received the bond.
What was the dispute about?
The dispute was about unpaid rent and the return of the bond held by the landlord.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and filing fee because the tenant did not attend the hearing and the landlord provided proof of the amount owed.
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 did not attend the hearing and the landlord provided proof of the rent arrears mattered most.
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 evidence to support their case.
What evidence or documents mattered?
The rent records provided by the landlord mattered in making the decision.