Tenant Ordered to Pay Rent Arrears and Filing Fee

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[2025] NZTT 5129110

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] owes [COMPANY] $869.86 (“the debt”), calculated in the table below:

Description Landlord Tenant Rent arrears as at 17/04/2025 $842.86 Filing fee reimbursement $27.00 Total award $869.86 Total payable by Tenant to Landlord $869.86

2. [NAME] must pay weekly rent of $400.00 when it falls due.

3. [NAME] must pay the debt of $869.68 in full by 5pm on Tuesday 27 May 2025.

4. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.

5. If the tenant fails to pay rent and rent arrears within 2 working days of the due dates:

a. The tenancy at [ADDRESS], [POSTCODE] will terminate and the landlord will have immediate possession of the premises.

b. The balance of the debt will be payable immediately.

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6. If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons:

1. The landlord attended the hearing which was held by teleconference on 17 April 2025. The tenant did not attend. The Tribunal attempted to contact the tenant using contact number provided but was unsuccessful. I was satisfied that adequate service of the hearing notice had been completed.

2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Should a conditional termination order be made?

3. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.

4. The tenant breached their obligations by failing to pay rent when it fell due. On 7 January 2025 the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period.

5. The application was filed on 11 January 2025. At that time, the amount of rent arrears owing was $1,000.00. As at the date of the hearing, the landlord provided an updated rent summary showing rent arrears of $842.86. I am satisfied that the rent summary is accurate and that the arrears remain outstanding.

6. The landlord submitted that the tenant has a persistent history of rent arrears, requiring the landlord to issue multiple 14-day notices to remedy. While there were occasional reductions in the arrears, the tenant consistently fell back into non-compliance. Despite the opportunity to attend the hearing and address the issues, the tenant failed to do so, providing no explanation or proposal for resolving the ongoing breach. The tenant’s failure to engage further indicates a lack of commitment to rectifying their obligations.

7. Section 56(2) RTA provides that the Tribunal may make a termination order if the breach is of such a nature or extent that it would be inequitable to refuse termination. In this case, the ongoing and repeated breaches, despite previous warnings and notices, justify termination. The Tribunal must balance the interests of both parties, and the landlord should not be expected to tolerate continued breaches without remedy.

8. Nevertheless, despite the tenant’s absence, the landlord has demonstrated goodwill by proposing a final opportunity for the tenant to remedy the breach.

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Specifically, the landlord is willing to allow the tenant until 27 May 2025 to pay the debt in full. I accept this as a fair and reasonable outcome in the circumstances and have therefore made a conditional termination order under section 78(3) RTA.

9. If the tenant fully complies by paying weekly rent when it falls due and the debt by 27 May 2025, the termination order will lapse. However, if the tenant fails to comply, the tenancy will terminate, and the landlord may enforce possession within 90 days of the first breach, in accordance with section 64(4)(b) RTA.

10. As the landlord has been wholly successful in the application, the tenant must reimburse the filing fee.

J Setefano

24 April 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: