Tenant Ordered to Pay Rent Arrears and Debt to Landlord
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and a debt to the landlord, including weekly payments and allocation priorities. The tenant argued financial hardship but was unsuccessful.
⚖️ Legal holding
A tenant must pay rent arrears and a debt to the landlord as ordered by the Tenancy Tribunal.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a notice ending their tenancy if they believe the landlord gave the notice because the tenant complained or used their rights under the tenancy agreement or law. The tenant must apply within 14 working days of receiving the notice.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and a debt to the landlord.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and a debt to the landlord, including weekly payments and allocation priorities. The tenant argued financial hardship but was unsuccessful.
📚 Full judgment Official document
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[2025] NZTT 5204859
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] owes Cirone Limited T/A [NAME] $2,026.89 (“the debt”).
2. [NAME] and [NAME] must pay rent and the debt as follows:
a. By 10 weekly payments of $730.00, being $530.00 for rent and $200.00 for the debt.
b. A final payment of $556.89, being $530.00 for rent and $26.89 for the debt.
c. Payments will be every Friday, with the first payment on 30/05/2025 and continuing until 08/08/2025.
3. Payments will be allocated in the following order: rent, rent arrears and water invoices, and the filing fee.
4. If the tenant fails to pay rent and rent arrears within 2 working days of the due dates, the balance of the debt will be payable immediately.
5. If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
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Description Landlord Tenant Rent arrears to 23 May 2025 $860.00 Water rates to 16 May 2025 $1,139.89 Filing fee reimbursement $27.00 Total award $2,026.89 Total payable by Tenant to Landlord $2,026.89
Reasons:
1. Both parties attended the hearing which was held by teleconference.
2. The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
3. The landlord provided rent records and water rates invoices which prove the amounts owing are $860.00 for rent arrears and $1,139.89 for water rates.
4. The landlord stated that the tenant has been continuously in arrears for an extended period of time.
5. I note that the full amount owed today is still below the bond amount.
6. The tenant stated that recently the family has been reduced from two incomes to one income. Against this she stated that she has just been granted Working for Families assistance from [NAME], and she will now be able to pay off all the arrears at $200.00 per week.
7. Because the landlord has been substantially successful with their application I have reimbursed the filing fee.
[NAME]
21 May 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 rent records and water rates invoices proving the amounts owing.
- The tenant acknowledged the need to pay off the arrears and agreed to a payment plan.
- The landlord's application was substantially successful, leading to the reimbursement of the filing fee.
❌ Tends to be rejected
- The tenant's claim of reduced family income was not sufficient to avoid paying the arrears.
- The tenant's reliance on government assistance was not considered a valid reason to avoid immediate payment.
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 tenant to pay rent arrears and a debt to the landlord, including weekly payments and allocation priorities.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and a debt to the landlord.
How did the court decide, and why?
The court decided that the tenant must pay the debt and rent arrears as ordered, considering the landlord's proof of amounts owing and the tenant's financial situation.
Which laws or rules were applied?
The Residential Tenancies Act 1s 54 was applied.
What was the argument that mattered most?
The argument that mattered most was the landlord's proof of rent arrears and water rates, and the tenant's claim of financial hardship.
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 proof of rent arrears and other debts, and consider the financial circumstances of the tenant.
What evidence or documents mattered?
The evidence included rent records and water rates invoices provided by the landlord.