Tenant ordered to pay rent arrears and fees
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and other fees to the landlord. The decision was based on the Residential Tenancies Act 1986, section 54.
⚖️ Legal holding
A tenant must pay rent arrears and other fees 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. 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 other fees to the landlord.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and other fees to the landlord, including a filing fee reimbursement. The order was based on the Residential Tenancies Act 1986, section 54.
📚 Full judgment Official document
__________________________________________________________________________________ 5116168 1
[2025] NZTT 5116168
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] (c/o: [NAME]) must pay [COMPANY] ([COMPANY] As Trustees) $3,327.44 immediately, calculated as shown in table below:
Description Landlord Tenant Rent arrears $2,271.43 Previous order application 4705756 dated 14/11/2023 $1,029.01 Filing fee reimbursement $27.00 Total award $3,327.44 Total payable by Tenant to Landlord $3,327.44
2. This order incorporates the Tribunal order made on 14 November 2023 under application 4705756.
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Reasons:
1. Both parties attended the hearing. [NAME] and [NAME] represented the landlord and [NAME] both tenants.
2. On 14 November 2023 the Tribunal made an order relating to this tenancy, for termination, rent arrears to 15 November and the filing fee. The previous order is incorporated into this order for enforcement purposes.
3. The tenancy ended per the previous order but the tenant remained until 19 December 2023.
4. The landlord provided a rent summary. The payments recorded were accepted as correct by the tenant. The part totals due differed from my calculation due to some confusion regarding a stay on proceeding (removed in February 2024). In my oral summation I had manually added the two sums incorrectly and confess to being the cause of the “missing” $50.00. My apologies for any confusion. This order is the final statement of debt and is confirmed as accurate.
5. [COMPANY] ([COMPANY] As Trustees) has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
17 March 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 previous Tribunal order from November 2023 was incorporated into this new order for enforcement.
- The tenant remained in the property until December 19, 2023, after the tenancy ended.
- The tenant accepted the accuracy of the payments recorded in the landlord's rent summary.
- The landlord was reimbursed the filing fee because they fully succeeded with their claim.
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 fees to the landlord.
What was the dispute about?
The dispute was about unpaid rent and the landlord's request for reimbursement of filing fees.
How did the court decide, and why?
The court decided in favour of the landlord, as the tenant had not paid the rent arrears and the filing fees were due.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's acceptance of the rent summary provided by the landlord.
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 pay their rent on time and are aware of any filing fees associated with legal proceedings.
What evidence or documents mattered?
The rent summary provided by the landlord and the tenant's acceptance of the payments recorded were the key pieces of evidence.