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AllowedTenancy Tribunal·

Tenant Ordered to Pay Rent Arrears and Adjust Bond

Case No.

📌 In brief

The Tenancy Tribunal ruled that the tenant must pay rent arrears and adjust the bond amount according to the landlord's claims and the credit held by the landlord.

⚖️ Legal holding

A tenant is required to pay rent arrears and bond adjustments as ordered by the Tenancy Tribunal.

Topics

rent arrearsbond adjustments

Provisions

📖 Technical summary

The Tenancy Tribunal ordered the tenant to pay rent arrears and bond adjustments.

📜 Headnote Official document

The Tenancy Tribunal ordered the tenant to pay rent arrears and adjust the bond amount, considering the landlord's claims and the credit held by the landlord.

📚 Full judgment Official document

__________________________________________________________________________________ 5095848 1

[2025] NZTT 5095848

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] to pay [COMPANY] and [NAME] $2,559.63 from the bond, calculated as shown in table below.

Description Landlord Tenant Rent arrears to 2 December 2025 $3,168.57 Filing fee reimbursement $27.00 Credit held by landlord $635.94 Total award $3,195.57 $635.94 Net award $2,559.63 Bond $2,559.63 $40.37

2. The [COMPANY] is to pay the bond of $2,600.00 (5881084-001) immediately apportioned as follows:

[COMPANY] As Agent For [NAME]: $2,559.63

[NAME]: $40.37

Reasons:

1. [NAME] attended the hearing for the landlord. The tenant was phoned on the number provided but there was no response to the calls.

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2. The landlord has applied for rent arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

3. The tenancy ended on 2 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

4. The landlord has been successful in its claims and is therefore entitled to payment of the Tribunal application fee.

5. The landlord is holding a credit of $635.94 for this tenancy. It is sensible and appropriate to deduct that credit from the amount claimed.

[NAME]

13 March 2025

__________________________________________________________________________________ 5095848 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/

__________________________________________________________________________________ 5095848 4

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 landlord holds a credit of $635.94 which was deducted from the claim.
  • The tenant did not respond to calls 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 rent arrears and adjust the bond amount.

What was the dispute about?

The dispute was about the tenant owing rent arrears and the need to adjust the bond amount.

How did the court decide, and why?

The court decided in favour of the landlord, ordering the tenant to pay the rent arrears and adjust the bond amount, based on the landlord's claims and the credit held by the landlord.

Which laws or rules were applied?

The Residential Tenancies Act 1986, section 54 was applied.

What was the argument that mattered most?

The argument that mattered most was the proof of rent arrears provided by the landlord.

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 and any credits held by the landlord.

What evidence or documents mattered?

The rent records provided by the landlord mattered in proving the amount owing at the end of the tenancy.

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.
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