Tenant ordered to pay rent arrears and fees
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $10,741.09, which includes rent arrears, water rates, and the filing fee, after the landlord presented proof of the amounts owing.
⚖️ Legal holding
A tenant is required to pay rent arrears and other specified charges when proven owing by the landlord.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and other charges to the landlord.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $10,741.09, including rent arrears, water rates, and filing fees, after the landlord proved the amounts owing.
📚 Full judgment Official document
__________________________________________________________________________________ 4987469 1
[2024] NZTT 4987469
TENANCY TRIBUNAL AT VIDEO LOCATION
TE TARAIPIUNARA RETIHANGA KI VIDEO
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $10,741.09 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears (to 01/09/24) $9,850.00 Water rates: As per water rates summary to April 2024 $864.09 Filing fee reimbursement $27.00 Total award $10,741.09 Total payable by Tenant to Landlord $10,741.09
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of its property management of this tenancy.
How much is owed for rent and water rates?
3. The landlord no longer manages this tenancy. The tenancy has continued under a new property manager.
4. The landlord provided rent records and water rates invoices which prove the amounts owing. The tenant did not refute owing these arrears and has stated she intends to pay them in a lump sum.
__________________________________________________________________________________ 4987469 2
Reimbursement of the filing fee
5. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
25 November 2024
__________________________________________________________________________________ 4987469 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/
__________________________________________________________________________________ 4987469 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 amounts owing for rent arrears.
- The landlord provided water rates invoices that proved the amounts owing for water rates.
- The tenant did not deny owing the arrears.
- The landlord fully succeeded with the claim, so the filing fee was reimbursed.
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 the landlord $10,741.09, including rent arrears, water rates, and the filing fee.
What was the dispute about?
The dispute was over unpaid rent arrears, water rates, and the filing fee.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not refute owing the arrears and had stated her intention to pay them in a lump sum.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The landlord's provision of rent records and water rates invoices proving the amounts owing was the most important argument.
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 have proof of any amounts owing to avoid such orders.
What evidence or documents mattered?
The rent records and water rates invoices provided by the landlord mattered in this case.