Tenant Ordered to Pay Rent Arrears and Filing Fee
📌 In brief
The Tenancy Tribunal ordered a tenant to pay rent arrears and a filing fee after the tenant failed to attend the hearing. The landlord had provided proof of the rent owing through a rent summary.
⚖️ Legal holding
A tenant is required to pay rent arrears and a filing fee when found liable for non-payment of rent.
📖 What the law says
This rule says that the Tenancy Tribunal must end a tenancy if a landlord applies and can show that the rent was at least 21 days late when the application was made. It also covers situations where a tenant has caused or threatened significant damage, or assaulted or threatened the landlord or their family/agents.
This rule states that if a tenancy ends, the Tribunal must issue an order giving possession of the property back to the person who is entitled to it. It also clarifies that an order from the Tribunal ending a tenancy automatically acts as an order for the landlord to get possession of the property.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal granted a conditional termination order and ordered the tenant to pay rent arrears and a filing fee.
📜 Headnote Official document
The Tenancy Tribunal granted a conditional termination order and ordered the tenant to pay rent arrears and a filing fee. The tenant failed to attend the hearing, and the landlord proved the amount of rent owing through a rent summary.
📚 Full judgment Official document
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[2026] NZTT 5489055
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes [COMPANY] $2,774.00 (“the debt”) being rent arrears up to and including 15 June 2026 and the filing fee calculated as set out below:
Description Landlord Tenant Rent arrears up to and including 15 June 2026 $2,746.00 Filing fee reimbursement $28.00 Total award $2,774.00 Total payable by Tenant to Landlord $2,774.00
2. [NAME] must pay rent and the debt as follows:
a. By 106 weekly payments of $116.00, being $90.00 for rent and $26.00 for the debt;
b. A final payment of $108.00, being $90.00 for rent and $18.00 for the debt; and
c. Payments will be every Tuesday, with the first payment on 16/06/2026 and continuing until 27/06/2028.
3. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
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4. If the tenant fails to pay rent and rent arrears within 5 working days of the due dates:
a. The tenancy at [ADDRESS], [POSTCODE] will terminate and the landlord will have immediate possession of the premises; and
b. The balance of the debt will be payable immediately.
5. If the tenant fails to pay the filing fee within 5 working days of the due date, the filing fee will be payable immediately.
Reasons:
1. A representative of the landlord attended the hearing, which was conducted by video conference. The tenant did not join the conference. An attempt was made to contact her by telephone, but it was unsuccessful. The tenant has not communicated with the Tribunal as to why she would not attend the hearing, and the hearing proceeded in the tenant’s absence.
2. The landlord has applied for termination of the tenancy and rent arrears.
Should a conditional termination order be made?
3. The landlord has provided a rent summary which proves the amount of rent owing, and that rent is at least 21 days in arrears. Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. (See section 55(1)(a) and (1A) of the Residential Tenancies Act 1986 (RTA.)
4. The landlord has requested a conditional termination order.
5. The tenant did not attend the hearing. However, the landlord advised, and I can see from the rent summary, that since February 2026 the tenant has been making regular rent payments and payments to pay the debt. For this reason, I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
6. The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. (See section 64(4)(b) of the RTA.)
7. The landlord has wholly succeeded with the claim. For this reason, I must order reimbursement of the filing fee.
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[NAME]
15 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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord proved the amount of rent owing and that it was at least 21 days in arrears, which required the Tribunal to issue a termination order.
- The landlord requested a conditional termination order, which the Tribunal granted.
- The tenant had been making regular rent payments and payments towards the debt since February 2026.
- The Tribunal was satisfied the tenant would pay the debt within the specified period and was unlikely to breach the agreement again.
- The landlord wholly succeeded with the claim, so the filing fee reimbursement was ordered.
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 rent arrears and a filing fee.
What was the dispute about?
The dispute was about unpaid rent and the filing fee.
How did the court decide, and why?
The court decided to grant a conditional termination order because the landlord proved the amount of rent owing through a rent summary.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(a) and 64(4)(b) were applied.
What was the argument that mattered most?
The most important argument was the landlord's proof of the rent owing through a rent summary.
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 hearings and provide evidence to contest claims.
What evidence or documents mattered?
The rent summary provided by the landlord was the key evidence.