Tenant Ordered to Pay Rent Arrears After Remote Hearing
📌 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 proven by the landlord's rent records.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and the landlord to return the bond.
📜 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
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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 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 tenant was ordered to pay rent arrears to the landlord and the landlord to return the bond to the tenant.
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 rent records proved the amount of rent arrears owed.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The most important argument was the proof of rent arrears through the landlord's rent records.
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 have proper documentation of rent payments to avoid disputes.
What evidence or documents mattered?
The rent records provided by the landlord mattered in proving the rent arrears.