Tenant Ordered to Pay Rent Arrears and Fees
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $1,565.49 to the landlord, including rent arrears, water rates, and filing fees, after a hearing where both parties attended.
⚖️ Legal holding
A tenant must pay rent arrears, water rates, and filing fees when found in breach of a Tenancy Agreement.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a landlord's notice to end a tenancy if the tenant believes the landlord gave the notice because the tenant complained or used their rights.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears, water rates, and filing fees.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $1,565.49 to the landlord, including rent arrears, water rates, and filing fees, following a hearing where both parties attended.
📚 Full judgment Official document
__________________________________________________________________________________ 5158531 1
[2025] NZTT 5158531
TENANCY TRIBUNAL AT PORIRUA | TE TARAIPIUNARA RETIHANGA KI PORIRUA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] $1,565.49 immediately.
2. The amount to pay is calculated as follows.
Description Landlord Rent arrears and rent in advance to 6 March 2025 $1,300.00 Water rates $238.49 Filing fee reimbursement $27.00 Total payable by Tenant to Landlord $1,565.49
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for termination, rent arrears, water rates and the filing fee.
Rent arrears and rent in advance
__________________________________________________________________________________ 5158531 2
3. The landlord has provided rent records which proves the amount owing for rent. The rent is currently $835.71 in arrears up to today however the tenant is also in breach of the Tenancy Agreement to pay one week of rent in advance. The total to remedy the breaches for rent is $1,300.00 to 6 March 2025.
4. The tenant’s representative (daughter - [NAME]) stated that [NAME] failed to pay the first three weeks rent and that this was the cause of ongoing arrears. She said that [NAME] requires evidence that the rent is in arrears and so will take the Tenancy Tribunal order to [NAME] as evidence. The landlord agreed to this process and not to termination.
Water rates
5. The amount for water rates, $238.49 is not disputed.
Filing Fee
6. Because the landlord has been successful with the claim the filing fee of $27.00 is ordered to be paid by the tenant.
Note for the Landlord:
7. The 5 day notices sent to the tenant for termination are not valid. Section 55(1)aa gives a landlord opportunity to terminate where there is a periodic tenancy. This tenancy is for a fixed term. In addition, the notices covered periods of arrears that would be in one notice, not three.
B Smallbone
28 February 2025
__________________________________________________________________________________ 5158531 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/
__________________________________________________________________________________ 5158531 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 that proved the amount of rent owing.
- The tenant was in breach of the Tenancy Agreement by failing to pay one week of rent in advance.
- The amount claimed for water rates was not disputed by the tenant.
- The landlord was successful with their claim, so the filing fee was ordered to be paid by the tenant.
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 $1,565.49 to the landlord, including rent arrears, water rates, and filing fees.
What was the dispute about?
The dispute was about unpaid rent arrears, water rates, and the landlord's filing fees.
How did the court decide, and why?
The court decided that the tenant must pay the specified amounts because they breached the Tenancy Agreement by failing to pay rent and water rates.
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 that the tenant had breached the Tenancy Agreement by failing to pay rent and water rates.
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 meet their obligations under the Tenancy Agreement to avoid such orders.
What evidence or documents mattered?
The rent records provided by the landlord were crucial in proving the amount owing for rent.