Tenant Ordered to Pay Rent Arrears and Filing Fee
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $1,312.30 in rent arrears and a $27.00 filing fee to the landlord. This decision was made after the landlord successfully claimed for rent arrears following the end of the tenancy.
⚖️ Legal holding
A tenant is required to pay rent arrears and the landlord's filing fee when successful in a claim.
📖 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 as a tenant.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and a filing fee to the landlord.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $1,312.30 in rent arrears and a $27.00 filing fee to the landlord. The decision was based on the landlord's successful claim for rent arrears following the end of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5212351
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As [COMPANY] $1,339.30 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 17.12.2025 $1,312.30 Filing fee reimbursement $27.00 Total award $1,339.30 Total payable by Tenant to Landlord $1,339.30
Reasons:
1. [NAME] and [NAME], representing the landlord, attended the teleconference hearing. The phone number for the tenant, the last three digits being 188, was called, without any response. As the tenant was served, the hearing proceeded in his absence.
2. The landlord has applied for rent arrears following the end of the tenancy and for reimbursement of the application filing fee.
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How much is owing in rent?
3. The tenancy ended on 17 December 2024. The landlord has provided rent records which prove the amount owing in rent arrears to 17 December 2024, which was $2,425.00. The landlord then credited $1,112.70 of bond funds received by them to rent arrears owing, which reduces rent arrears owing by the tenant to $1,312.30. Therefore, the tenant owes the landlord $1,312.30 in rent arrears to 17 December 2024.
Filing fee
4. [COMPANY] As [COMPANY] has been successful with the claim I must reimburse the filing fee.
C Price
27 May 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 landlord proved the amount of rent arrears owed by providing rent records.
- The landlord's claim for rent arrears was reduced by bond funds received.
- The landlord was reimbursed for the application filing fee because their claim was successful.
- The hearing proceeded without the tenant because they were properly served but did not respond to the call.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision ordered the tenant to pay $1,312.30 in rent arrears and a $27.00 filing fee to the landlord.
What was the dispute about?
The dispute was about the tenant owing rent arrears to the landlord after the tenancy ended.
How did the court decide, and why?
The court decided in favour of the landlord because the landlord proved the amount of rent arrears owed by the tenant.
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 the proof of rent arrears provided by the landlord.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have proof of any rent arrears to present to the Tenancy Tribunal.
What evidence or documents mattered?
The rent records provided by the landlord mattered in proving the amount of rent arrears owed.