Tenant ordered to pay rent arrears and fees
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord $1,862.86 for rent arrears, lockout callouts, and phone calls from the lift. The landlord provided proof of these charges, and the tenant did not attend the hearing.
⚖️ Legal holding
A tenant must pay for rent arrears, lockout callouts, and phone calls from the lift.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears, lockout callouts, and phone calls from the lift.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $1,862.86 for rent arrears, lockout callouts, and phone calls from the lift. The landlord provided proof of these charges, and the tenant failed to attend the hearing.
📚 Full judgment Official document
__________________________________________________________________________________ 5131888 1
[2025] NZTT 5131888
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room 235, [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $1,862.86 immediately, calculated as shown in table below.
Description Landlord Rent arrears $2,348.57 Lockout callouts $300.00 Phone calls from the lift $252.29 Filing fee reimbursement $27.00 Total award $2,927.86 Bond $1,065.00 Total payable by Tenant to Landlord $1,862.86
2. The Bond Centre is to pay the bond of $1,065.00 (5818379-006) to [COMPANY] immediately.
Reasons:
3. Only the landlord attended the hearing. The tenant was phoned twice. Calls connected but the tenant did not speak or acknowledge the call.
1. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
__________________________________________________________________________________ 5131888 2
How much is owed for rent?
2. The tenancy ended on 30 November 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Phone calls.
3. The tenant made phone calls from the lift in the premises. The landlord has only claimed for calls made by the tenant. The landlord was charged $252.29 for those calls. The cost of those calls should be paid by the tenant not the landlord. The tenant is ordered to pay the landlord $252.29.
Lockout calls.
4. The agreement provides for the landlord to charge $150.00 per callout to go to the premises when a tenant locks themselves out. The callout fee is reasonable. The landlord must travel to the premises, sometimes late at night. The tenant used that service twice.
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]
26 March 2025
__________________________________________________________________________________ 5131888 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/
__________________________________________________________________________________ 5131888 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 provided rent records proving the amount owed at the end of the tenancy.
- The tenant made phone calls from the lift, and the landlord was charged for these calls.
- The agreement allows the landlord to charge $150.00 per callout for lockout situations.
- The landlord successfully claimed for rent arrears, so the filing fee is also ordered to be paid by the tenant.
❌ Tends to be rejected
- The tenant did not attend the hearing and did not provide any defense or acknowledgment.
- There are no specific arguments from the tenant that were rejected as they did not participate in the hearing.
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 the landlord $1,862.86 for various charges including rent arrears, lockout callouts, and phone calls from the lift.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears, lockout callouts, and phone calls from the lift.
How did the court decide, and why?
The court decided that the tenant must pay the landlord for the specified charges because the landlord provided proof of these charges and the tenant did not attend the hearing.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The most important argument was the landlord's provision of proof of the charges and the tenant's absence from the hearing.
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 if they disagree with the charges.
What evidence or documents mattered?
The evidence that mattered included the landlord's proof of rent arrears, lockout callouts, and phone calls from the lift.