Tenant ordered to pay rent arrears and filing fee
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and a filing fee to the landlord because the tenant did not remove their belongings from the premises until after the tenancy ended.
⚖️ Legal holding
A tenant is required to pay rent arrears until they return the premises to the landlord.
📖 Technical summary
The 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 rent arrears and a filing fee to the landlord after the tenant failed to return the premises promptly upon the termination of the tenancy agreement.
📚 Full judgment Official document
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[2025] NZTT 4922618, 4756690
TENANCY TRIBUNAL - Masterton | Whakaoriori
APPLICANT / RESPONDENT:
[redacted]
Tenant
APPLICANT / RESPONDENT:
[redacted] The Trustees For The Selous Family Trust
Landlord
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [NAME] & Upper Hutt Law Trustee No.4 As The Trustees For The Selous Family Trust $1,641.15 immediately, calculated as shown in table below:
Description Landlord Rent arrears as of 11 November 2023 $1,620.71 Filing fee $20.44 Total payable by Tenant to Landlord $1,641.15
2. All other applications are dismissed.
REASONS:
1. The Tribunal has received applications filed by both the tenant and landlord.
2. The background in this case is extensive, but in very brief summary.
a. There was a tenancy that existed between the parties. The tenancy commenced on 3 May 2023, and was a fixed term tenancy to 3 November 2023.
b. The tenancy ended following notice of the landlord. The landlord reports the premises being returned vacant on 11 November 2023.
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c. Various disputes arose between the parties.
d. On 4 December 2023 the landlord filed an application with the Tribunal.
e. On 24 June 2024, the tenant filed her application against the landlord.
3. Multiple hearings have been scheduled and convened in this case. Adjournments have been granted at the request of both parties.
4. Ultimately a hearing has been scheduled to be heard in the Masterton District Courthouse today, 14 February 2025, commencing at 10:00am.
5. This morning at 8:07am the tenant emailed the Tribunal seeking an adjournment and rescheduling, on the basis that she has been unwell for the past few days with a stomach upset, and issues with medication.
6. I considered that application, but it was declined.
7. I took into consideration the protracted course of the proceeding, and note also that the Tribunal had previously adjourned a hearing of the landlords claim almost one year ago for very similar reasons from the tenant. On 12 February 2024 the tenant applied for an adjournment then on the basis of a stomach upset.
8. No medical evidence has been provided in support of the tenants’ 2024 request for an adjournment nor the adjournment request today.
9. The landlord opposed today’s hearing being further adjourned, on the basis that the matter has become so protracted.
10. Taking those considerations into account, the application for adjournment was declined, and the hearing proceeded.
11. Only the landlord, [NAME], attended the hearing today.
LANDLORDS APPLICATION
12. At the hearing today, the landlord advised that his only application was for rent arrears.
Rent arrears claim
13. The landlord states that while the tenancy was to end on 3 November 2023, that it was not until 11 November 2023 that the tenant removed her belongings from the premises, and so rent arrears is sought to that date.
14. The Residential Tenancies Act 1986 (RTA) requires that at the end of the tenancy, the tenant remove all tenant goods, and return the premises to the landlord reasonably clean and tidy. I have no reason not to accept the landlords evidence that tenant goods were not removed until 11 November 2023. That
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means the tenant has not returned vacant possession, so will be liable for rent payments until that date.
15. The landlord has provided a copy of the rent ledger, which I accept to be accurate, showing the arrears as of 11 November 2023 to be $1,620.71, so those arrears are ordered.
TENANTS APPLICATION
16. There was no appearance at the hearing today from the tenant or a representative.
17. There is insufficient evidence on file to consider any of the claims from the tenant, so those claims have not been established and must be dismissed.
Filing fee
18. Because the landlord has been successful in his application, the filing fee is ordered to be paid by the tenant.
R Woodhouse
14 February 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 tenant was required to pay rent arrears until the premises were returned to the landlord.
- The landlord provided a rent ledger showing the exact amount of arrears.
- The Tribunal accepted the landlord's evidence that the tenant did not remove belongings until November 11, 2023.
❌ Tends to be rejected
- The tenant did not attend the hearing and provide evidence for their claims.
- Insufficient evidence was presented by the tenant to support their claims.
- No medical evidence was submitted to justify the tenant's request for an adjournment due to illness.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant was ordered to pay rent arrears and a filing fee to the landlord.
What was the dispute about?
The dispute was about the tenant's failure to vacate the premises promptly after the tenancy ended.
How did the court decide, and why?
The court decided that the tenant must pay rent arrears until the premises were returned to the landlord, based on the Residential Tenancies Act 1986.
Which laws or rules were applied?
Residential Tenancies Act 1986, s 54
What was the argument that mattered most?
The most important argument was that the tenant did not return the premises to the landlord in a reasonable condition and time frame.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they vacate the premises promptly to avoid rent arrears.
What evidence or documents mattered?
The rent ledger showing the arrears was the key document used in the decision.