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AllowedTenancy Tribunal·

Tenant Ordered to Pay Rent Arrears and Costs

Case No.

📌 In brief

The Tenancy Tribunal ruled that the tenant must pay the landlord $3,275.94 for rent arrears and other costs, such as water rates and moving expenses. The tenant did not show up for the hearing.

⚖️ Legal holding

A tenant is required to pay rent arrears and other costs to the landlord as ordered by the Tenancy Tribunal.

Topics

rent arrearscosts

📖 Technical summary

The Tenancy Tribunal ordered the tenant to pay rent arrears and other costs to the landlord.

📜 Headnote Official document

The Tenancy Tribunal ordered the tenant to pay rent arrears and other costs to the landlord, including water rates and moving expenses. The tenant did not attend the hearing.

📚 Full judgment Official document

__________________________________________________________________________________ 5138657 1

[2025] NZTT 5138657

TENANCY TRIBUNAL AT AUCKLAND | TE TARAIPIUNARA RETIHANGA KI TĀMAKI MAKAURAU

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] and [NAME] must pay [COMPANY] $3,275.94 immediately, calculated as shown in table below:

Description Landlord Tenant Rent arrears to 21 October 2024 $8,022.86 Water rates $396.08 Moving belongings $150.00 Filing fee reimbursement $27.00 Garage door reimbursement $1,000.00 Bond released $4,320.00 Total award $8,595.94 $5,320.00 Net award $3,275.94 Total payable by Tenant to Landlord $3,275.94

Reasons:

1. The landlord attended the hearing. The tenant did not attend the hearing.

2. The landlord has applied for rent arrears, water rates, the cost of moving the tenant’s belongings and the filing following the end of the tenancy.

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3. The landlord has agreed to a credit of $1,000.00 toward the tenant’s purchase of a replacement garage door which I am told was functional, but the tenant wanted to change because their car would not fit under the old door.

4. The tenant had agreed to the release the bond to the landlord which is deducting from the costs awarded against the tenant.

5. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.

N Walker

11 March 2025

__________________________________________________________________________________ 5138657 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 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/

__________________________________________________________________________________ 5138657 4

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 successfully claimed rent arrears amounting to $8,022.86.
  • The landlord received a credit for the tenant's purchase of a replacement garage door, $1,000.00.
  • The landlord was reimbursed the filing fee of $27.00.

❌ Tends to be rejected

  • The tenant's failure to attend the hearing resulted in all claims being decided without their input.
  • The bond of $4,320.00 was deducted from the total costs awarded against the tenant.

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 $3,275.94 for rent arrears and other costs.

What was the dispute about?

The landlord claimed rent arrears, water rates, and costs for moving the tenant's belongings.

How did the court decide, and why?

The court decided in favour of the landlord because the tenant did not attend the hearing and the landlord provided evidence of the costs.

Which laws or rules were applied?

No specific laws or rules were mentioned in the judgment.

What was the argument that mattered most?

The landlord's evidence of the costs and the tenant's absence were the key factors in the decision.

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 attend the hearing and provide evidence to support their case.

What evidence or documents mattered?

The judgment does not specify the exact evidence or documents used.

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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