Tenant Ordered to Pay Rent Arrears and Costs
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and other costs to the landlord after the tenant failed to attend the hearing. The landlord provided proof of the amount owing at the end of the tenancy.
⚖️ Legal holding
A tenant must pay rent arrears and other costs to the landlord if they fail to attend the hearing and provide proof of payment.
📖 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 after the tenant failed to attend the hearing. The landlord provided proof of the amount owing at the end of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5062829
TENANCY TRIBUNAL AT VIDEO LOCATION
TE TARAIPIUNARA RETIHANGA KI VIDEO
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat D1306, [ADDRESS], [POSTCODE], DXN Apartments
ORDER
1. [NAME] must pay [COMPANY] $4,795.43 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears $6,756.43 After hours call out locked out $80.00 Replacement of lost set of keys $92.00 Filing fee reimbursement $27.00 Total award $6,955.43 Bond $2,160.00 Total payable by Tenant to Landlord $4,795.43
2. The Bond Centre is to pay the bond of $2,160.00 (6317213-003) to [COMPANY] immediately.
Reasons:
1. The landlord attended the hearing. The tenant did not.
5. I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend. I tried to call the tenant and got her voice mail. I left a message.
2. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
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How much is owed for rent?
3. The tenancy ended on 31 January 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
Other miscellaneous orders
4. At the end of the tenancy, the tenant had not paid the landlord $80.00 for the cost of an afterhours call out on 21 July 2024 and $92.00 for the cost of providing the tenant with a new set of keys for the premise. I award the landlord compensation for these costs.
Reimbursement of filing fee
5. [COMPANY] has wholly succeeded with the claim, I must reimburse the filing fee.
[NAME]
25 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 provided proof of rent arrears and other costs.
- The tenant did not attend the hearing despite receiving proper notice.
- The landlord presented invoices proving the amount of rent arrears.
- The tenant failed to provide any proof of having paid the rent arrears.
❌ Tends to be rejected
- The tenant did not provide any defense or proof of payment.
- The tenant did not refute the landlord's claims of unpaid rent and other costs.
- The tenant did not show up to contest the charges.
- The tenant did not request a rehearing or appeal the decision.
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 rent arrears and other costs to the landlord.
What was the dispute about?
The dispute was about unpaid rent arrears and other costs such as after-hours call-out fees and replacement of lost keys.
How did the court decide, and why?
The court decided that the tenant must pay the landlord due to the tenant's failure to attend the hearing and provide proof of payment.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The most important argument was the landlord providing proof of the amount owing at the end of the tenancy.
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 attend all hearings and provide proof of any payments made.
What evidence or documents mattered?
The evidence that mattered included rent records and invoices for water rates, after-hours call-out fees, and the cost of replacing lost keys.