Tenant Ordered to Pay Rent Arrears and Bond After Vacating Property
📌 In brief
The Tenancy Tribunal ordered a tenant to pay $2,418.43 to the landlord for rent arrears and bond repayment after the tenant moved out of the property. This decision was made even though the tenant did not attend the hearing.
⚖️ Legal holding
A tenant must pay rent arrears and return the bond when they vacate the property.
📖 What the law says
This rule allows the Tenancy Tribunal to make a decision about a case even if one of the parties, like the tenant in this situation, does not show up for the hearing, as long as they were properly told about it beforehand.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal awarded the landlord $2,418.43 for rent arrears and bond repayment.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $2,418.43 to the landlord for rent arrears and bond repayment after the tenant vacated the property. The decision was made despite the tenant's absence from the hearing.
📚 Full judgment Official document
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[2025] NZTT 5068990
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] As Agent For [COMPANY] [NAME] $2,418.43 immediately, in accordance with the following table:
Description Landlord Tenant Rent arrears to 10/1/25 $4,551.43 Filing fee reimbursement $27.00 Total award $4,578.43 Bond $2,160.00 Total payable by Tenant to Landlord $2,418.43
2. The Bond Centre is to pay the bond of $2,160.00 (6461860-005) to [COMPANY] As Agent For [COMPANY] [NAME] immediately.
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Reasons:
1. The landlord attended the hearing represented by Mr [NAME].
2. The tenants did not attend and did not answer the calls made to their phones during the hearing. They had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in their absence.
3. The landlord initially applied for termination for rent arrears however since the application was filed, the tenants vacated the property. They now seek an order for rent arrears and the bond. As they have provided rent records to prove the amount owing, I make the order as sought.
4. [COMPANY] As Agent For [COMPANY] [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
K Lash
07 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 proved the amount of rent arrears by providing rent records.
- The landlord was reimbursed for the filing fee because they fully succeeded with their claim.
- The tenants were notified of the hearing by email and text, allowing the hearing to proceed in their absence.
- The tenants had vacated the property, so the landlord's application for rent arrears and bond repayment was appropriate.
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 $2,418.43 to the landlord for rent arrears and bond repayment.
What was the dispute about?
The dispute was about the tenant owing rent arrears and needing to return the bond after moving out of the property.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and return the bond because the tenant had vacated the property and provided proof of the amount owing.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 92 was applied.
What was the argument that mattered most?
The most important argument was that the tenant had vacated the property and provided proof of the rent arrears.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they provide proof of any rent arrears and respond to the hearing notice.
What evidence or documents mattered?
The rent records provided by the landlord mattered in proving the amount owing.