Tenant Ordered to Pay Rent Arrears and Filing Fee
📌 In brief
In this case, the Tenancy Tribunal ruled that the tenant must pay $1,483 to the landlord for rent arrears and a filing fee. The decision was based on the tenant's failure to comply with the tenancy agreement by not paying move-in costs in advance.
⚖️ Legal holding
A tenant is required to pay rent arrears and a filing fee when they terminate a tenancy without paying in advance as agreed.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and a filing fee.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $1,483 for rent arrears from January 2026 and a filing fee after the landlord successfully claimed these amounts following the tenant's failure to move in as agreed.
📚 Full judgment Official document
OUTCOME: Allowed
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[2026] NZTT 5427367
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression the landlord’s name.
2. [RESPONDENT] must pay [The landlord/s] $1,483.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 27 January 2026 $1,455.00 Filing fee reimbursement $28.00 Total award $1,483.00 Total payable by Tenant to Landlord $1,483.00
Reasons:
1. The hearing was conducted by video / telephone conference. A representative of the landlord attended the hearing for the landlord. Two attempts were made to contact the tenant. They were both unsuccessful. The tenant has not communicated with the Tribunal as to why he would not attend the hearing. The hearing proceeded in rent arrears.
2. The landlord has applied for rent arrears, and reimbursement of the filing fee following the end of the tenancy.
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How much is owed for rent?
3. On 15 December 2026, the parties entered into a periodic tenancy agreement. The agreement provides that the tenancy would start on 07 January 2026. Clause 19(b)(iii) of the tenancy agreement provides that the tenant may terminate the tenancy by providing 21 days’ notice in writing. This is consistent with section 51(2A) of the Residential Tenancies Act 1986.
4. The tenancy agreement provides that a bond and one week’s rent in advance were payable as “move in costs”. Shortly before the tenancy was due to start, the tenant advised the landlord that he was unable to pay the full move in costs before the start of the tenancy. The landlord would not allow the tenant to move into the premises without the full move in costs being paid in advance. On 06 January 2026, the tenant confirmed in writing to the landlord that he would not be moving into the premises.
5. The landlord is seeking 21 days’ rent from the start of the tenancy being the notice period. The landlord has provided a rent ledger showing the sum due.
6. This claim is proved.
Filing fee and suppression:
7. The landlord has wholly succeeded with the claim. For this reason, I order reimbursement of the filing fee and grant the landlord’s application for suppression of the landlord’s name which was made during the hearing.
[RESPONDENT] 08 June 2026
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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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenant's Tenancy Terminated for Rent Arrears
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Rubbish Removal Costs
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Cleaning Costs
- Tenancy Tribunal Claimant Awarded Rent Arrears by Tenancy Tribunal
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Conditional Termination Order Allows Tenant to Stay
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- Tenant failed to pay rent arrears before terminating the tenancy.
- Tenant agreed to pay arrears and comply with conditions set by the Tribunal.
- Landlord provided sufficient evidence of unpaid rent and other costs.
- Tenancy was terminated due to significant rent arrears exceeding 21 days.
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 $1,483 for rent arrears and a filing fee.
Who was involved?
A landlord and a tenant were involved in this case.
How did the court decide, and why?
The court decided that the tenant must pay as they failed to move into the property and comply with the tenancy agreement.
Which laws or rules were applied?
Section 54 of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The tenant's failure to pay move-in costs as agreed and their non-compliance with the tenancy agreement mattered most.
Was the decision for or against the person who brought the case?
The decision was in favour of the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they comply with their tenancy agreement to avoid such penalties.
What evidence or documents mattered?
A rent ledger and written communication between the parties were important.
Can a decision like this be appealed?
Yes, but only if there was a substantial wrong or miscarriage of justice.
Is it worth getting a lawyer for a case like this?
It is recommended to seek legal advice from a qualified lawyer.
