Tenant Ordered to Pay Rent Arrears and Bond Retention Allowed
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay $946.43 in rent arrears to the landlord. Additionally, the landlord was permitted to retain part of the bond to cover the remaining debt. This decision was made under the Residential Tenancies Act 1986, section 54.
⚖️ Legal holding
A tenant is required to pay rent arrears and the landlord may retain part of the bond to offset the debt.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and awarded the landlord a portion of the bond to cover the debt.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $946.43 in rent arrears to the landlord. The landlord was also allowed to retain part of the bond to cover the remaining debt. The decision was based on the Residential Tenancies Act 1986, section 54.
📚 Full judgment Official document
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[2025] NZTT 5154120
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [NAME] $946.43 immediately, calculated as shown in table below.
2. The landlord must file any claim for vacated damages by the 1 April 2025- the claim can be made by sending an email to the Tribunal at [EMAIL] seeking to amend the claim and detailing what is being claimed and the amount sought. This document is to be sent to the other party by email as well.
3. The landlord is to file any evidence in support of her claim by the 1 April 2025.
4. The hearing of the landlord’s claims for vacated damages is adjourned to be set down for a two hearing with me at a date after the 15 April 2025.
5. If the tenant has any claim that they wish to make, then they must file their claim by the 1 April 2025.
Description Landlord Tenant Rent arrears to 13 March 2025 $3,319.43 Filing fee reimbursement $27.00 Total award $3,346.43 Bond $2,400.00
mailto:[EMAIL]
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Total payable by Tenant to Landlord $946.43
Reasons:
1. The landlord attended today’s hearing. The tenant was contacted on his phone by he did not answer the calls or attend by video. The hearing proceeded in his absence.
2. The landlord originally applied for termination for rent arrears.
3. The tenant left the tenancy on Friday the 7 March 2025. He communicated to the landlord that he had left. The tenant is on a fixed term tenancy and did not seek the landlord’s consent before leaving.
4. The landlord took possession on Saturday the 8 March and changed the locks. She said that the house is damaged with multiple broken windows, holes in the wall and holes in the ceiling.
5. The landlord will claim the cost of repairing the damages. I consider it appropriate for me to hear that claim as I will need to make an assessment of the rent owed by the tenant from today’s date, so I have adjourned this claim to allow the landlord to make a claim for the cost of the vacated damages and to make submissions on the amount of rent owed by the tenant.
6. The landlord has applied for rent owed to today. I make an order for that amount.
7. I am satisfied that the tenant owes these amounts because the landlord has provided a rent ledger which confirms the amount owing.
8. The landlord only received the bond on the 18 February. She is entitled to keep the bond to pay off the rent.
9. The hearing is adjourned to allow the landlord to make a claim for vacated damages. All claims and evidence are to be filed by the 1 April 2025 and a two video hearing set down with me after the 15 April 2025.
10. [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.
T Prowse
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13 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 provided a rent ledger confirming the amount owed by the tenant.
- The tenant did not attend the hearing or provide any counter-evidence.
- The landlord received the bond shortly before the dispute, making it appropriate to use towards rent arrears.
- The landlord has the right to claim for vacated damages, and the hearing is adjourned to allow for this claim.
❌ Tends to be rejected
- The tenant's absence and lack of response did not provide any arguments against the landlord's claims.
- The decision does not mention any rejected claims or defenses from the tenant.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision ordered the tenant to pay $946.43 in rent arrears to the landlord and allowed the landlord to retain part of the bond to cover the remaining debt.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and the landlord's request to retain part of the bond to cover the remaining debt.
How did the court decide, and why?
The court decided in favour of the landlord, ruling that the tenant must pay the outstanding rent arrears and allowing the landlord to retain part of the bond to cover the remaining debt. This was based on the Residential Tenancies Act 1986, section 54.
Which laws or rules were applied?
Residential Tenancies Act 1986, s 54
What was the argument that mattered most?
The argument that mattered most was the landlord's provision of a rent ledger confirming the amount owing and the tenant's failure to provide any evidence to refute the claim.
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?
For someone in a similar situation, it means that if rent arrears are not paid, the landlord may seek to retain part of the bond to cover the remaining debt.
What evidence or documents mattered?
The rent ledger provided by the landlord was the key piece of evidence that mattered in this case.