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AllowedTenancy Tribunal·

Tenant Ordered to Pay Rent Arrears After Remote Hearing

Case No.

📌 In brief

The Tenancy Tribunal ruled that the tenant must pay rent arrears to the landlord and the landlord must return the bond to the tenant. The landlord attended the remote hearing via phone, and the tenant did not attend.

⚖️ Legal holding

A tenant is required to pay rent arrears as ordered by the Tenancy Tribunal, ensuring compliance with rental agreements.

Topics

rent arrearsbond return

Provisions

📖 Technical summary

The Tenancy Tribunal ordered the tenant to pay $1,205.57 to the landlord for rent arrears up to March 31, 2025.

📜 Headnote Official document

The Tenancy Tribunal ordered the tenant to pay rent arrears to the landlord and the landlord to return the bond to the tenant. The landlord attended the remote hearing via phone, and the tenant did not attend.

📚 Full judgment Official document

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[2025] NZTT 5184411

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted] For [NAME]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [COMPANY] is to pay the bond of $2,000.00 (5932359-007) to [COMPANY] [NAME] As Agent For [NAME] immediately.

2. [NAME] and [NAME] must pay [COMPANY] [NAME] As Agent For [NAME] $1,205.57 immediately, being rent arrears to 31 March 2025.

Description Landlord Tenant Rent arrears to 31/03/25 $3,178.57 Filing fee reimbursement $27.00 Total award $3,205.57 Bond $2,000.00 Total payable by Tenant to Landlord $1,205.57

Reasons:

1. The landlord attended the remote hearing via phone. Calls to the tenants last known mobile numbers went to voicemail or did not connect. I proceeded in the tenant’s absence.

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2. The landlord stated the tenancy came to an end on 1 April 2025 and the landlord now has possession of the premises. A termination order, while originally sought by the landlord, was therefore not pursued.

3. The landlord confirmed the only orders sought were for rent arrears to 31 March 2025. The landlord provided rent records which prove the amount owing.

N Small

22 May 2025

__________________________________________________________________________________ 5184411 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/

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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 proving the amount of rent arrears.
  • The tribunal proceeded with the hearing despite the tenant's absence due to unsuccessful calls.

❌ Tends to be rejected

  • The tenant did not provide any counter-evidence or arguments regarding the rent arrears.
  • The tenant did not attend the hearing, missing the opportunity to contest the claims.

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 $1,205.57 to the landlord for rent arrears to 31 March 2025.

What was the dispute about?

The dispute was about the tenant owing rent arrears to the landlord up to 31 March 2025.

How did the court decide, and why?

The court decided that the tenant must pay the rent arrears because the landlord provided proof of the amount owing and attended the hearing remotely via phone.

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 the landlord providing proof of the rent arrears and attending the hearing remotely via phone.

Was the decision for or against the person who brought the case?

The decision was against the tenant who brought the case.

What does this mean for someone in a similar situation?

Someone in a similar situation should ensure they have proof of any rent arrears and attend any hearings as required.

What evidence or documents mattered?

The judgment does not specify the exact evidence or documents used, but it mentions rent records provided by the landlord.

Official source: Tenancy Tribunal — headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Tenancy Tribunal and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.