Tenant Ordered to Pay Rent Arrears and Bond
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay their landlord $1,237.00 for unpaid rent and a bond. The landlord had to show proof of the debt and make reasonable attempts to inform the tenant, such as sending emails and texts.
⚖️ Legal holding
A tenant is required to pay rent arrears and a bond if the landlord proves the debt and takes reasonable steps to notify the tenant.
📖 Technical summary
The claimant successfully recovered rent arrears and a bond from the respondent.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $1,237.00 for rent arrears and a bond. The landlord proved the debt and took reasonable steps to notify the tenant, including email and text messages, despite unsuccessful attempts to contact the tenant directly.
📚 Full judgment Official document
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[2025] NZTT 5084388
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $1,237.00 immediately, calculated as shown in table below.
2. [COMPANY] is to pay the bond of $490.00 (6386559-001) to [COMPANY] immediately.
Description Landlord Tenant Rent arrears $1,700.00 Filing fee reimbursement $27.00 Total award $1,727.00 Bond $490.00 Total payable by Tenant to Landlord $1,237.00
Reasons:
1. The landlord attended the hearing via remote teleconference. An attempt was made to contact the tenant on the telephone number provided. The attempt was unsuccessful.
2. The landlord has applied for rent arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
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3. The application was before me today to convene the issue of whether the tenant has been served in accordance with section 91A Residential Tenancies Act.
4. The landlord provided evidence confirming correspondence to the tenant’s email address. The landlord also provided evidence of numerous text messages to and from the tenant. The tenant has replied to the landlord refusing to provide a current address.
91B Substituted service (1) This section applies if— (a) a notice or other document that is required to be served on a party is not served in accordance with this Act; and
(b) the Tribunal is satisfied that all reasonable efforts have been made to serve the notice or other document on the party in accordance with this Act. (2) The Tribunal may
(b) direct that the notice or other document be treated as served on the party on a specified date, if steps have already been taken that have brought, or are likely to bring or to have brought, the notice or other document to the attention of the party.
5. I am satisfied that the landlord has taken all reasonable steps to bring these proceedings to the attention of the tenant. I am also satisfied that it is likely the proceedings have been brought to the attention of the tenant via his email address.
How much is owed for rent?
6. The tenancy ended on 28 July 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. Having sighted this evidence I am satisfied that the tenant is responsible for this debt.
7. The claim for rent arrears is proven.
8. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
12 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 successfully showed that they tried to contact the tenant by phone for the hearing.
- The landlord provided evidence of sending correspondence to the tenant's email address.
- The landlord showed evidence of numerous text messages exchanged with the tenant.
- The tribunal was satisfied that the landlord took all reasonable steps to inform the tenant about the proceedings.
- The landlord provided rent records and water rates invoices to prove the amount owed.
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 the landlord $1,237.00 for rent arrears and a bond.
What was the dispute about?
The landlord claimed rent arrears and a bond from the tenant after the tenancy ended.
How did the court decide, and why?
The court decided in favour of the landlord because they proved the debt and took reasonable steps to notify the tenant.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 91A and 91B, were applied.
What was the argument that mattered most?
The landlord's argument that they had taken all reasonable steps to notify the tenant was crucial.
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 receive proper notification of claims and respond appropriately.
What evidence or documents mattered?
The evidence included rent records, water rates invoices, and proof of communication attempts.