Tenant ordered to pay rent arrears and bond
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $1,141.29 for unpaid rent and return the bond of $2,200.00. Other claims about cleaning and repairs were dismissed for lack of evidence.
⚖️ Legal holding
A tenant must pay rent arrears and bond to the landlord if they fall into arrears and fail to vacate the premises as agreed.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and bond to the landlord, dismissing other claims.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $1,141.29 in rent arrears and the bond of $2,200.00 to the landlord, dismissing claims related to cleaning, repairs, and changing locks due to lack of evidence.
📚 Full judgment Official document
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[2025] NZTT 5123598
TENANCY TRIBUNAL AT HUTT VALLEY | TE TARAIPIUNARA RETIHANGA KI TE AWAKAIRANGI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [NAME] $1,141.29 immediately, calculated as shown in the table below.
2. The Bond Centre is to pay the bond of $2,200.00 (6499214-008) to [NAME] immediately.
3. All other claims are dismissed.
Description Landlord Tenant Rent arrears to 30.1.2025 $3,314.29 Filing fee reimbursement $27.00 Total award $3,341.29 Bond $2,200.00 Total payable by Tenant to Landlord $1,141.29
Reasons:
1. The landlord attended the hearing. There was no appearance by the tenant.
2. This was a fixed term tenancy commencing on 23 September 2024 and to end on 23 September 2025. However, the tenant fell into arrears and the landlord
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agreed to his request to end the tenancy early on three weeks’ notice effective 27 January 2025. Subsequently, the landlord agreed to the tenant’s request for some more time to vacate so that the tenancy was to end on 30 January 2025. They agreed to meet that day at 4.30pm to complete a bond inspection and for handover of the keys.
3. On 30 January 2025, the landlord arrived at the property as arranged but the tenant was not there. The landlord waited for 90 minutes and also tried to call him. The tenant had taken most of his belongings but left some items and did not leave the keys.
4. I am satisfied on the evidence that the tenancy ended on 30 January as agreed between the parties.
5. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
6. The landlord has made various other claims regarding cleaning, disposal of the tenants’ belongings/rubbish, repairs and changing the locks. She has obtained quotes for some of this work. However, she has not carried out any of the work.
7. As discussed at the hearing, I am not satisfied that the claim amounts are proved. While the Tribunal can sometimes award compensation based on quotes, I am not persuaded it is appropriate in this case. In short, the landlord needs to complete the work and she may then apply for compensation for the costs she incurs, supported by invoices, receipts, or other suitable forms of evidence. The landlord will also need to ensure that she brings evidence to prove any damage claimed and that cleaning was required, such as photos. Therefore, the remaining claims in paragraph 6 are dismissed for lack of evidence. The landlord may bring a further application for compensation once the work is done and quantified.
[NAME]
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 of rent arrears.
- The landlord and tenant agreed to end the tenancy on 30 January 2025.
- The landlord attended the hearing while the tenant did not appear.
❌ Tends to be rejected
- The landlord's claims for cleaning, disposal of the tenant’s belongings/rubbish, repairs, and changing the locks were dismissed due to lack of evidence.
- The landlord requested compensation based on quotes but was not awarded since the work was not completed.
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 $1,141.29 in rent arrears and return the bond of $2,200.00 to the landlord.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and the return of the bond.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and return the bond because the landlord proved these amounts were owed, while other claims were dismissed for lack of evidence.
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's proof of rent arrears and the bond amount.
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 any claims they make and provide evidence to support their case.
What evidence or documents mattered?
The judgment mentions rent records and quotes for cleaning and repairs, but notes that the landlord needs to complete the work and provide invoices or receipts to claim compensation.