Tenant Ordered to Pay Rent Arrears and Filing Fee

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[2025] NZTT 5141171

TENANCY TRIBUNAL AT WAITAKERE | TE TARAIPIUNARA RETIHANGA KI WAITĀKERE

APPLICANT: [redacted] [COMPANY]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: Room 3, Unit/[ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [COMPANY] As Agent For [COMPANY] $2,012.00 immediately, being rent arrears to 29 January 2025 and the filing fee, calculated as shown in the table below:

Description Landlord Tenant Rent arrears to 29 January 2025 $2,870.00 Filing fee reimbursement $27.00 Total award $2,897.00 Bond $885.00 Total payable by Tenant to Landlord $2,012.00

2. The Bond Centre is to pay the bond of $885.00 (6540607-001) to [COMPANY] As Agent For [COMPANY] immediately.

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Reasons:

1. This is a reserved decision. The hearing took place on 27 February 2025 via video conference. The hearing was adjourned to allow the landlord to provide further information to the Tribunal. A further hearing took place on 16 April 2025 via video conference.

2. [NAME], representative of [COMPANY], attended both hearings for the landlord. The tenant did not attend the hearings. I am satisfied that the tenant was served notice of the hearings. Both hearings proceeded in the tenant’s absence.

3. The landlord has applied for rent arrears and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

4. The tenancy ended on 29 January 2025.

5. The tenancy agreement provides that the rent was $245.00 per week with an additional sum of $40 per week for “expenses”.

6. At the first hearing, the landlord produced a rent ledger which provided the weekly rent was $285.00, being the rent of $245.00 and the expenses of $40.00.

7. The rent ledger should only include sums due for rent and not expenses or other sums.

8. Following the second hearing, the landlord produced an amended ledger which included rent only.

9. The rent records provided prove that at the end of the tenancy the tenant owed $2,870.00 in rent arrears.

10. At the second hearing, [NAME] advised that the landlord was also seeking an order for payment of unpaid expenses. However, the landlord’s claim was for rent arrears and the reimbursement of the filing fee. If the landlord wishes to claim other sums due, the landlord will need to file a new application with the Tribunal.

Filing fee:

11. [COMPANY] As Agent For [COMPANY] has wholly succeeded with the claim. For this reason, I have ordered reimbursement of the filing fee.

__________________________________________________________________________________ 5141171 [NAME]

22 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: