Tenant Ordered to Pay Rent Arrears and Filing Fee
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay $2,974.86, which includes rent arrears and a filing fee, after the landlord showed evidence of the tenant's responsibility for these payments.
⚖️ Legal holding
A tenant must pay rent arrears and filing fees when found liable by the Tenancy Tribunal.
📖 What the law says
This section states that a tenant is responsible for paying rent on time as agreed in their tenancy agreement. It also outlines other responsibilities, such as keeping the property reasonably clean and tidy, and notifying the landlord of any damage or needed repairs.
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, dismissing other claims.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $2,974.86, including rent arrears and a filing fee, after the landlord proved the tenant's liability for these amounts.
📚 Full judgment Official document
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[2025] NZTT 5135709
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agents For Irl A Gonczy $2,974.86 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears (4 October to 15 November 2024) $2,917.86 Lock/key replacement $30.00 Filing fee reimbursement $27.00 Total award $2,974.86 Total payable by Tenant to Landlord $2,974.86
2. The Landlord’s other claims are dismissed.
Reasons:
1. A representative of the landlord attended the hearing.
2. The tenant did not attend by the video link provided in the Notice of Hearing and did not answer a call to her mobile number during the hearing.
3. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The landlord has already received the bond and has an order for rent arrears to 3 October 2024.
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How much is owed for rent?
4. The tenancy ended on 15 November 2025. The landlord has an order for rent owed to 3 October 2024. The amount owing for rent from 4 October to 15 November 2024 is $2,917.86. I have made an order accordingly.
Did the tenant comply with their obligations at the end of the tenancy?
5. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
6. The landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish but did not provide any photographs and could not provide any additional evidence at the hearing.
7. The landlord is reminded that a party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. They must prove that the other party has breached its obligations and the loss (or consequence) they have suffered because of that breach. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.
8. The landlord did not provide any corroborating evidence regarding the alleged damage or condition of the property at the end of the tenancy. The landlord provided receipts for costs incurred, but the receipts themselves do not establish a breach by the tenant.
9. The landlord’s claims for rubbish removal, cleaning and repairs are dismissed.
10. The tenant did not return the keys. The landlord claimed the cost of a replacement lock but did not provide evidence as to why that was required. The landlord’s loss is the cost of replacement keys. I award $30.00
11. As the landlord was partially successful, I award reimbursement of the Tribunal application fee.
[NAME]
08 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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant must pay rent arrears from October 4 to November 15, 2024.
- The landlord is entitled to reimbursement for the filing fee.
- The landlord is entitled to compensation for the cost of replacing the lock.
❌ Tends to be rejected
- The landlord's claims for rubbish removal and cleaning were dismissed due to lack of evidence.
- The landlord's claim for repairs was dismissed due to insufficient evidence.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay $2,974.86, including rent arrears and a filing fee.
What was the dispute about?
The landlord claimed rent arrears, compensation, and a filing fee after the tenancy ended.
How did the court decide, and why?
The court decided the tenant must pay the specified amount because the landlord provided evidence of the tenant's liability.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 40(1)(e), was applied.
What was the argument that mattered most?
The landlord's evidence showing the tenant's responsibility for rent arrears and a filing fee was crucial.
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 provide sufficient evidence to support their claims.
What evidence or documents mattered?
Receipts for costs incurred and evidence of the tenant's responsibility for rent arrears and a filing fee mattered.