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AllowedTenancy Tribunal·

Tenant Ordered to Pay Rent Arrears and Bond After Leaving Without Notice

Case No.

📌 In brief

The Tenancy Tribunal ordered a tenant to pay rent arrears and bond to the landlord after the tenant left the premises without giving proper notice. The landlord tried to contact the tenant but received no response.

⚖️ Legal holding

A tenant must pay rent arrears and bond to the landlord when they leave the premises without notice.

Topics

rent arrearsbond repayment

📖 Technical summary

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

📜 Headnote Official document

The Tenancy Tribunal ordered the tenant to pay rent arrears and bond to the landlord after the tenant left the premises without notice. The landlord had attempted to contact the tenant but received no response.

📚 Full judgment Official document

__________________________________________________________________________________ 5211391 1

[2025] NZTT 5211391

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [COMPANY] $3,887.00 immediately, calculated as shown in table below:

Description Landlord Tenant Rent arrears to 19 February 2025 $5,260.00 Filing fee reimbursement $27.00 Total award $5,287.00 Bond $1,400.00 Total payable by Tenant to Landlord $3,887.00

2. The [COMPANY] is to pay the bond of $1,400.00 (3140840-022) to [COMPANY] immediately.

__________________________________________________________________________________ 5211391 2

Reasons:

1. The landlord attended the hearing, conducted via teleconference. Two calls to the tenant were unresponsive. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.

2. The landlord sought rent arrears and bond.

3. The tenant left the premises without advising the landlord. It appears she left a key with a neighbour, but the landlord had received no notice. The landlord visited the property on 18 February 2025 and found the premises empty. It was at that time the neighbour advised the landlord the tenant had left “a few weeks earlier” and left the key with them.

4. The landlord produced a rent summary. The last payment was received 4 December 2024. Prior to the discovery of the tenant exit, a notice to remedy the rent arrears was served on the tenant in January 2025.

5. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.

M Brennan

11 June 2025

__________________________________________________________________________________ 5211391 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/

__________________________________________________________________________________ 5211391 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's claim for rent arrears was accepted because the tenant had not made payments since December 2024.
  • The landlord's claim for the filing fee was accepted because they fully succeeded with their overall claim.
  • The landlord was awarded the bond because the tenant left the premises without proper notice.
  • The hearing proceeded without the tenant because the tribunal was satisfied that the tenant had been properly notified but did not answer calls.

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 bond to the landlord.

What was the dispute about?

The dispute was about the tenant leaving the premises without notice and owing rent arrears.

How did the court decide, and why?

The court decided that the tenant must pay the rent arrears and bond because they left without notice and the landlord could not contact them.

Which laws or rules were applied?

No specific laws or rules were mentioned in the decision.

What was the argument that mattered most?

The fact that the tenant left without notice and the landlord could not contact them was the most important argument.

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 provide proper notice to the landlord if they plan to leave the premises.

What evidence or documents mattered?

The judgment does not specify the evidence or documents that mattered.

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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