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. The landlord showed proof of the arrears through a rent statement, and the tenant had been making weekly payments towards these arrears.
⚖️ Legal holding
A tenant is required to pay rent arrears and a filing fee when found liable by the Tenancy Tribunal.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and a filing fee.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and a filing fee. The landlord presented a rent statement proving the arrears, and the tenant had been paying these off at a rate of $50 per week in addition to regular rent.
📚 Full judgment Official document
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[2025] NZTT 5123428
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] owes [COMPANY] $267.00 (“the debt”) calculated as shown in the table below.
2. [NAME] and [NAME] must pay rent and the debt as follows:
a. By 5 weekly payments of $260.00, being $210.00 for rent and $50.00 for the debt.
b. A final payment of $227.00, being $210.00 for rent and $17.00 for the debt.
c. Payments will be every Thursday, with the first payment on Thursday 3 April 2025 and continuing until 8 May 2025.
3. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
4. If the tenant fails to make the payments within 2 working days of the due dates the balance of the debt will be payable immediately.
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Description Landlord Tenant Rent arrears to 2 April 2025 $240.00 Filing fee reimbursement $27.00 Total award $267.00 Total payable by Tenant to Landlord $267.00
Reasons:
1. The hearing was conducted by video. Only the landlord’s representative attended.
2. The landlord produced a rent statement and updated it at the hearing, to prove the arrears. The tenants have been paying the arrears off at the rate of $50 per week in addition to paying the rent. The landlord wants that to continue and for the debt to be payable in full immediately if any payment is not made.
3. I have therefore made an order in those terms.
4. The landlord has succeeded and so I have added the filing fee.
R Armstrong
03 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 landlord's representative attended the hearing, allowing their case to be heard.
- The landlord provided a rent statement and updated it to show the amount owed.
- The tenants were already making weekly payments towards the arrears, which the landlord wanted to continue.
- The landlord succeeded in their application, which meant they were entitled to reimbursement of the filing fee.
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.
What was the dispute about?
The dispute was about unpaid rent arrears and the landlord's request for a filing fee reimbursement.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant owed rent arrears and the landlord had incurred a filing fee.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The most important argument was the presentation of a rent statement by the landlord to prove the arrears.
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 have proof of any rent arrears and any fees incurred by the landlord.
What evidence or documents mattered?
The rent statement provided by the landlord was the key piece of evidence.