Tenant Ordered to Pay Rent Arrears After Unattended Hearing
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $5,341.29 to the landlord for rent arrears up to February 27, 2025, and awarded the landlord the filing fee. The tenant did not attend the hearing.
⚖️ Legal holding
A tenant must pay rent arrears to the landlord.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a notice from their landlord ending the tenancy. The tenant must apply within 14 working days of getting the notice, arguing that the landlord gave the notice because the tenant used their rights or complained about the tenancy.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and awarded the landlord the filing fee.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $5,341.29 to the landlord for rent arrears up to February 27, 2025, and awarded the landlord the filing fee. The tenant did not attend the hearing.
📚 Full judgment Official document
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[2025] NZTT 5155354
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agent For [NAME] $5,341.29 immediately, calculated as shown in table below.
2. [COMPANY] is to pay the bond of $2,400.00 (6069615-005) to [COMPANY] As Agent For [NAME] immediately.
Description Landlord Tenant Rent arrears to 27 February 2025 $7,714.29 Filing fee reimbursement $27.00 Total award $7,741.29 Bond $2,400.00 Total payable by Tenant to Landlord $5,341.29
Reasons:
1. The landlord attended the hearing the tenant did not attend. The tenant was called three times on her phone but none of the calls were answered. The hearing proceeded in the tenant’s absence.
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2. Since filing the application, the tenancy has ended on the 27 February 2025. The landlord claims the rent arrears owing to that date together with the filing fee.
How much is owed for rent?
3. The landlord provided rent records which prove the amount owing at the end of the tenancy.
4. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
T Prowse
13 March 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 owed.
- The tenant did not attend the hearing and did not answer the calls.
- The tenancy ended on 27 February 2025, and the landlord claimed rent arrears up to that date.
- The landlord successfully claimed the filing fee reimbursement.
❌ Tends to be rejected
- The tenant did not provide any counter-evidence or explanation for the rent arrears.
- The tenant did not attend the hearing to dispute the landlord's claims.
- The tenant did not respond to the calls made during the hearing.
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 $5,341.29 to the landlord for rent arrears up to February 27, 2025, and the landlord received the filing fee.
What was the dispute about?
The dispute was about unpaid rent arrears up to February 27, 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 at the end of the tenancy.
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 landlord's provision of rent records proving the amount owing at the end of the tenancy.
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 proof of rent arrears and attend all hearings to present their case.
What evidence or documents mattered?
The rent records provided by the landlord mattered in this decision.