Tenant Ordered to Pay Rent Arrears and Bond - Tenancy Tribunal Decision
📌 In brief
In this Tenancy Tribunal case, the tenant was ordered to pay the landlord $3,233.34 for outstanding rent arrears. Additionally, the bond held by the Bond Centre was awarded to the landlord to cover the remaining rent owing at the end of the tenancy.
⚖️ Legal holding
A tenant is required to pay outstanding rent and the bond held by the Bond Centre can be applied towards the rent owing at the end of the tenancy.
📖 Technical summary
The Tribunal ordered the tenant to pay the landlord the outstanding rent and awarded the landlord the bond held by the Bond Centre.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $3,233.34 for outstanding rent arrears and awarded the landlord the bond held by the Bond Centre to cover the rent owing at the end of the tenancy. The Tribunal found that the bond could be applied towards the rent owing at the end of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5125668
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $3,233.34 immediately, calculated as shown in the table below.
2. The Bond Centre is to pay the bond of $3,840.00 (3286513-029) to [COMPANY] immediately.
Description Landlord Tenant Rent to 31 January 2025 $7,046.34 Filing fee reimbursement $27.00 Total award $7,073.34 Bond $3,840.00 Total payable by Tenant to Landlord $3,233.34
Reasons:
1. Both parties attended the telephone hearing today.
2. The landlord applied for termination, rent arrears, refund of the bond, and reimbursement of the filing fee.
3. A mediator’s order dated 27 January 2025 gave effect to the parties’ agreement that $7,073.34 was owed for rent (plus the filing fee) and that the tenancy would end on 31 January 2025.
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4. The landlord has provided the Tribunal with a rent summary which supports the amount claimed for rent arrears to the end of the tenancy, as per the mediator’s order.
5. The mediator referred the application back to the Tribunal because a repayment plan had not been agreed, and the bond could not be refunded because there was some kind of documentation issue at the Bond Centre. The landlord explained that the mediator had concerns about the bond being held in different names.
6. The bond is held in the names of 7 former tenants and the current tenant. There were various changes of tenants.
7. The Tribunal cannot apportion a bond between tenants and/or former tenants. The Tribunal only has jurisdiction to determine disputes between landlords and tenants, and not tenants inter se. Even if there was jurisdiction, the reconciliation would often be complex if not impossible and cause additional difficulty when quantifying the liability of individual tenants to the landlord.
8. A bond is security for the tenants’ obligations in respect of the tenancy of specific premises. Landlords and tenants rely on the bond held by Tenancy Services being available to meet those obligations.
9. I am satisfied that the entirety of the bond held by the Bond Centre against the tenancy address should be applied towards the rent owing at the end of the tenancy.
[NAME]
19 February 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's claim for rent arrears was supported by a rent summary provided to the Tribunal.
- A mediator's order confirmed the amount of rent owed and the tenancy end date.
- The Tribunal was satisfied that the entire bond should be used to cover the outstanding rent.
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 the landlord $3,233.34 for outstanding rent arrears and the bond held by the Bond Centre was awarded to the landlord to cover the remaining rent owing at the end of the tenancy.
What was the dispute about?
The dispute was about the tenant's failure to pay outstanding rent arrears and the landlord's request for the bond to be applied towards the rent owing at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the outstanding rent arrears and the bond can be applied towards the rent owing at the end of the tenancy because the landlord provided a rent summary supporting the amount claimed for rent arrears.
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 landlord providing a rent summary supporting the amount claimed for 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 have a record of all rent payments and any agreements made with the landlord to avoid disputes over rent arrears.
What evidence or documents mattered?
The rent summary provided by the landlord mattered in this case.