Tenant ordered to pay rent arrears and bond in monthly installments
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and a bond payment in monthly installments. The tenant owed the landlord $2,192.87 in rent arrears and $2,400.00 in bond payment, to be paid in monthly installments of $200.00.
⚖️ Legal holding
A tenant must pay rent arrears and a bond payment as ordered by the Tribunal.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and a bond payment in monthly installments.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and a bond payment in monthly installments, resolving a dispute over unpaid rent and bond. The Tribunal found that the tenant owed the landlord $2,192.87 in rent arrears and $2,400.00 in bond payment, to be paid in monthly installments of $200.00.
📚 Full judgment Official document
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[2025] NZTT 5105728
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. [The tenant/s] must pay [The landlord/s] $2,219.87 calculated as shown in table below.
Description Landlord Rent arrears as of 21 May 2025 Bond
$2,192.87 $2,400.00
Filing fee reimbursement $27.00 Total payable by Tenant to Landlord $4,592.87
2. The debt in order 1 is to be paid by monthly payments commencing from 17 June 2025, of $200.00 each month, to be paid in addition to the required rental payments. Those additional $200.00 payments are to be made monthly until the debt is paid in full. Failure to make those monthly additional payments will result in the entire debt becoming due for immediate payment.
REASONS
1. The Tribunal must consider an application filed by the landlord.
2. Both parties appeared at the hearing today.
3. The tenancy commenced as a tenancy between the tenants and owners. Things did not go well, in that the tenancy agreement was not signed at that time, and the bond documents not completed or bond paid. But it seems
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the parties agreed on the full terms of the tenancy such as the rent and need to pay four weeks’ rent as bond.
4. During the tenancy the owners appointed a property manager who appears at the hearing today.
APPLICANTS CLAIMS
5. At the hearing, the applicant confirmed their claims are as follows:
a. Rent arrears
b. Bond payment
c. Signed agreement.
ANALYSIS
Claim 1 – Rent arrears
6. The property manager claims rent arrears, and has provided the rent ledgers
7. The tenants agree there are rent arrears, but they disagree that it is $3,600.00 as the landlord states.
Analysis
8. Following discussion at the hearing, the parties agree that the total amount of the rent that should have been paid is $105,428.57 as of 21 May 2025. There was no dispute that the rent that has been paid is $103,235.70. That means the arrears as of 21 May 2025 are $2,192.87, and that is ordered.
Claim 2 - Bond
9. The property manager seeks an order for the payment of a bond, but the property manager was not sure what the arrangement was.
10. In response the tenant states that at the start of the tenancy the landlord asked that the tenant draft the agreement which he did, and that was provided to the landlord, with the bond documents. For reasons that are not entirely clear to me, the parties did not execute those documents and the bond was not paid.
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11.But as I explained to the tenants, the landlord is legally entitled to have the bond in the [COMPANY], so I make the order that be paid to the sum of $2,400.00.
Claim 3 – Tenancy agreement
12.The landlord seeks to have the tenancy agreement signed. We discussed this at the hearing, and the Tribunal printed a copy for the parties to sign, and I understand they agreed this would be signed in the waiting room following the hearing.
Payment of debt
13.The tenant owes the landlord rent arrears and the outstanding bond payment. I accept that the tenant is not in a position to make those full payments now. The tenants confirmed they could realistically pay the debt at $200.00 per month, and that seems reasonable. I order monthly payments of $200.00 until the debt is cleared. But if the tenants miss those payments, then the entire balance of the debt will become payable immediately.
[NAME] 21 May 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.
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].
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/
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenants agreed to the amount of rent arrears as calculated by the tribunal.
- The tenants confirmed they could realistically pay the debt at $200.00 per month.
- The landlord is legally entitled to have the bond paid to the sum of $2,400.00.
❌ Tends to be rejected
- The tenants disagreed with the landlord's stated amount of rent arrears ($3,600.00).
- The tenants did not execute the bond documents and the bond was not paid initially.
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 rent arrears and a bond payment in monthly installments.
What was the dispute about?
The dispute was about unpaid rent arrears and a bond payment that the tenant owed to the landlord.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and bond payment in monthly installments because the tenant had not fulfilled these obligations under the tenancy agreement.
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 tenant's obligation to pay the rent arrears and bond payment as stipulated in the tenancy agreement.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they fulfill their obligations under the tenancy agreement to avoid facing similar consequences.
What evidence or documents mattered?
The rent ledgers and the tenancy agreement were the key pieces of evidence that mattered.