Tenant ordered to pay rent arrears and bond release to landlord
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $5,370.35 to the landlord, including rent arrears and bond release. The landlord's claims for cleaning and rubbish removal were dismissed because there was no evidence to support these claims.
⚖️ Legal holding
A tenant is required to pay rent arrears until the commencement of a new tenancy agreement.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and bond release amount to the landlord.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $5,370.35 to the landlord, including rent arrears and bond release. The landlord's claims for cleaning and rubbish removal were dismissed due to lack of evidence.
📚 Full judgment Official document
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[2025] NZTT 5100234
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] As Agent For [NAME] $5,370.35 immediately, calculated as shown in table below:
Description Landlord Tenant Rent arrears to 18 November 2024 $8,278.57 Water credit $15.22 Bond released $2,920.00 Filing fee reimbursement $27.00 Total award $8,305.57 $2,935.22 Net award $5,370.35 Total payable by Tenant to Landlord $5,370.35
2. All remaining claims are dismissed.
Reasons:
1. The landlord attended the hearing by telephone. Attempts were made to join the tenants to the hearing by telephone but this was unsuccessful.
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2. The tenancy commenced on 10 March 2024 and was for a fixed term due to end on 10 March 2025.
3. The tenant had vacated the premises by 17 September 2024.
4. The landlord secured a new tenancy which began on 19 November 2024. As this is a fixed term tenancy the tenant is responsible for rent until the end of the fixed term or until a new tenancy commences. The landlord seeks rent arrears to 19 November 2024 which is the day before the new tenancy commenced. That is awarded.
5. The landlord had applied for water rates but only two water invoices were produced. One invoice included the period when the tenant did not live at the premises. The other invoice was a credit as it was an actual reading with the previous invoice being an estimate. I have awarded the credit to the tenant.
6. The landlord also applied for cleaning and rubbish removal. No evidence was produced in support of those claims. At the hearing the landlord advised that those claims were no longer sought. The claims for cleaning and rubbish removal were dismissed.
7. [COMPANY] As Agent For [NAME] has substantially succeeded with the claim I have reimbursed 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 was awarded rent arrears because the tenant was responsible for rent until a new tenancy began.
- The tenant received a credit for water charges because one invoice was an actual reading that showed a credit.
- The landlord was reimbursed the filing fee because they largely succeeded with their claim.
❌ Tends to be rejected
- The landlord's claim for water rates was dismissed because one invoice covered a period when the tenant did not live there.
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 $5,370.35 to the landlord, including rent arrears and bond release.
What was the dispute about?
The dispute was about the tenant owing rent arrears and the landlord seeking payment of these arrears along with the release of the bond.
How did the court decide, and why?
The court decided that the tenant must pay the landlord $5,370.35, including rent arrears and bond release, because the tenant was responsible for rent until the start of a new tenancy agreement.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The argument that mattered most was that the tenant was responsible for paying rent until the start of a new tenancy agreement.
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 pay rent arrears until the start of a new tenancy agreement to avoid facing similar penalties.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.