Tenant Ordered to Pay Rent Arrears and Costs
📌 In brief
The Tenancy Tribunal ruled that tenants must pay rent arrears and other costs to the landlord. The judge also decided to suppress the tenants' names and identifying details to protect their ability to find future housing.
⚖️ Legal holding
A tenant must pay rent arrears and related costs to the landlord.
📖 Technical summary
The Tenancy Tribunal ordered the tenants to pay rent arrears and other costs while suppressing the tenants' names.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenants to pay rent arrears and other costs to the landlord, including locksmith fees and filing fees. The judge also suppressed the tenants' names and identifying details due to the public interest in protecting the tenants' future housing prospects.
📚 Full judgment Official document
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[2025] NZTT 5163312
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted] Agent For [COMPANY], [NAME]
Landlord
RESPONDENTS: [redacted]
Tenants
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants’ name and identifying details.
2. [The tenant/s] must pay [COMPANY] T/A [NAME] As Agent For [COMPANY], [NAME] $4,922.11 immediately, calculated as in the table below.
3. The Bond Centre to immediately pay the bond of $2960.00 to [COMPANY] T/A [NAME] As Agent For [COMPANY], [NAME].
Description Landlord Tenant Rent arrears as at 3 February 2025 $7,672.86 Locksmith $155.25 Filing fee for 4986168 $27.00 Filing fee reimbursement $27.00 Total award $7,882.11 Bond $2,960.00 Total payable by Tenant to Landlord $4,922.11
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Reasons:
1. All parties attended the hearing which was held remotely.
2. The landlord has made an application against the tenants and I shall take each of the matters claimed in turn.
Rent arrears
3. The rent record provided shows that as at 3 February 2025, the date on which the tenants were evicted, the tenants owed $7,672.86 in rent. They are required to pay this amount.
Water charges
4. The landlord claims $749.89 in outstanding water charges.
5. At today’s hearing the tenants advised that there had been a water leak at the premises and that they had informed the owner about this.
6. The claim for water charges was withdrawn from today’s hearing and the landlord says he will claim it again in a further application against the tenants relating to other issues such as rubbish disposal and the cost of towing a car.
7. The withdrawal of this claim will allow the tenants an opportunity to provide evidence regarding the leak for the next application.
Locksmith fees
8. The tenants were evicted and so the landlord is entitled to change the locks and to pass this cost to the tenants. I accept the invoiced amount of $155.25 as being reasonable.
Eviction costs
9. The landlord claims $258.00 as the cost from the Court of evicting the tenants.
10. This is a cost flowing from the tenants’ breach of their obligations and so is recoverable. However, it is a cost that is automatically included by the District Court’s process when the landlord seeks to enforce an order through the District Court. On this basis, I do not award it today to avoid potential duplication of the cost.
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Filing fee reimbursements
11. The landlord was substantially successful in this claim and so I am ordering the tenants to reimburse them the filing fee.
12. I am also ordering the tenants to reimburse the filing fee for application 4986168 because I accept that, although ordered, this has not yet been paid.
Suppression of the tenants’ names
13. Section 95A of the Residential Tenancies Act 1986 provides that:
(1) The Tribunal may, on the application of any party to the proceedings or on its own initiative, having regard to the interests of the parties and to the public interest order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
(2) An order may be subject to any conditions that the Tribunal considers appropriate.
(3) If a party that has wholly or substantially succeeded in the proceedings applies for an order that their name or identifying particulars not be published, the Tribunal must make the order unless the Tribunal considers that publication is in the public interest, or is justified because of the party’s conduct or any other circumstances of the case.
14. [NAME] has applied for suppression of her name. Having considered her evidence I am allowing that application. I do so largely because I accept that she did her best to pay her portion of the rent. When she was let down by the other tenant in terms of rent payment, she then went to considerable effort to cover the whole of the rent per week plus an extra amount to pay towards the arrears.
15. I accept that this was a herculean task at which she was very likely to fail, with the end result being an eviction.
16. I consider that the eviction has been a sufficiently significant consequence for this tenant, and that there is very little public interest in having her name published. Publication will make it much harder for her to find another rental property and I consider that would be too much for a tenant who has, in general, paid her portion of the rent and made good strides towards paying arrears.
17. As stated at the hearing, I am unable to separate the tenants in terms of suppression and so both tenants’ names will be suppressed.
Note
18. I note that both parties have stated that they will make a further application to the Tribunal against the other.
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19. They are to ensure that both applications are linked so that they may be heard together.
[NAME] 09 April 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 tenants owe $7,672.86 in rent arrears as of their eviction date.
- The landlord is entitled to charge the tenants $155.25 for locksmith fees after evicting them.
- The tenants must reimburse the landlord for filing fees of $27.00 each for two separate applications.
❌ Tends to be rejected
- The landlord's claim for $749.89 in outstanding water charges was withdrawn due to a reported water leak.
- The landlord's request for $258.00 in eviction costs was not awarded to avoid potential duplication of costs.
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 tenants to pay rent arrears and other costs to the landlord, and suppressed the tenants' names and identifying details.
What was the dispute about?
The dispute was about unpaid rent arrears and other costs, including water charges and locksmith fees.
How did the court decide, and why?
The court decided that the tenants must pay the landlord the rent arrears and other costs because the tenants breached their obligations under the lease agreement.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 95A was applied to suppress the tenants' names and identifying details.
What was the argument that mattered most?
The argument that mattered most was the tenants' breach of their obligations under the lease agreement, leading to the eviction and the need to pay rent arrears and other costs.
Was the decision for or against the person who brought the case?
The decision was for the landlord, who brought the case against the tenants.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they fulfill their obligations under the lease agreement to avoid eviction and the obligation to pay rent arrears and other costs.
What evidence or documents mattered?
The rent record, evidence of a water leak, and invoices for locksmith fees and filing fees mattered in this case.