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AllowedTenancy Tribunal·

Tenant Ordered to Pay Rent Arrears and Compensation

Case No.

📌 In brief

The Tenancy Tribunal ordered the tenant to pay the landlord $5,789.29 or $5,589.29, depending on whether certain items are collected. The order includes weekly payments and penalties for default.

⚖️ Legal holding

A tenant must pay a landlord the amount awarded by the Tenancy Tribunal, subject to compliance with payment conditions.

Topics

rent arrearscompensationfiling fees

Provisions

📖 What the law says

Residential Tenancies Act 1986 s.54

This rule allows a tenant to ask the Tenancy Tribunal to cancel a notice from their landlord ending the tenancy. The tenant must apply within 14 working days of receiving the notice, arguing that the landlord gave the notice because the tenant used their rights or complained about the tenancy.

Plain-English explanation — does not replace advice from a lawyer.

📖 Technical summary

The Tenancy Tribunal ordered the tenant to pay the landlord a specific amount, subject to conditions.

📜 Headnote Official document

The Tenancy Tribunal ordered the tenant to pay the landlord $5,789.29 or $5,589.29, depending on whether certain items are collected. The order includes weekly payments and penalties for default.

📚 Full judgment Official document

__________________________________________________________________________________ 5206554 1

[2025] NZTT 5206554

TENANCY TRIBUNAL AT PORIRUA | TE TARAIPIUNARA RETIHANGA KI PORIRUA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [COMPANY] $5,789.29 if bedding items are not collected by Monday 14 April 2025. If bedding is collected, the amount to pay is $5,589.29.

2. The parties have agreed that the amount to pay ($5,789.29 or $5,589.29) will be paid by payments of $50.00 per week. The first payment will be on or before Friday 18 April 2025 and then every week until the full amount owing is paid.

3. If there is a default in any payment within 2 days of the due date, the applicant may enforce the order of the amount outstanding.

4. The amount to pay is calculated as shown in table below:

Description Landlord Rent arrears to termination $7,429.29 Cleaning $350.00 Rubbish removal $179.00 Disposal of bedding Filing fee

$200.00 $27.00

Total award $8,185.29 Bond held by the landlord $2,396.00 Total payable by Tenant to Landlord $5,789.29

__________________________________________________________________________________ 5206554 2

Reasons:

1. Both parties attended the hearing by teleconference.

2. The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

Is money owed for rent?

3. The landlord provided rent records which prove the amount owing at the end of the tenancy.

The landlord’s claim for compensation.

4. The tenant agreed to the amount claimed by the landlord except the repair of a cracked toilet. The landlord withdrew that claim in the hearing.

Filing Fee

5. Because the landlord has been successful with the claim the filing fee of $27.00 is ordered to be paid by the tenant.

[NAME] 11 April 2025

__________________________________________________________________________________ 5206554 3

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 [NAME]/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 [NAME]/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.[NAME]/disputes/enforcing-decisions https://www.[NAME]/disputes/enforcing-decisions http://www.[NAME]/disputes/enforcing-decisions/

__________________________________________________________________________________ 5206554 4

A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: [NAME]/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 rent records proving the amount owed at the end of the tenancy.
  • The tenant agreed to the compensation amount claimed by the landlord.
  • The filing fee of $27.00 was ordered to be paid by the tenant since the landlord was successful with the claim.

❌ Tends to be rejected

  • The tenant's disagreement on the cracked toilet repair claim was withdrawn by the landlord during the hearing.
  • No other arguments presented by either party were explicitly mentioned as being rejected.

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 the landlord $5,789.29 or $5,589.29, depending on whether certain items are collected.

What was the dispute about?

The dispute was about unpaid rent arrears, cleaning costs, and the disposal of bedding items.

How did the court decide, and why?

The court decided in favour of the landlord, accepting the rent records and the agreed-upon compensation amounts.

Which laws or rules were applied?

The Residential Tenancies Act 1986, section 54, was applied.

What was the argument that mattered most?

The landlord's provision of rent records proving the amount owing at the end of the tenancy was crucial.

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 proper documentation of rent arrears and other costs.

What evidence or documents mattered?

The rent records provided by the landlord mattered significantly.

Official source: Tenancy Tribunal headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Tenancy Tribunal and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.
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