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. The landlord's request for a lockout fee was denied because the swipe card failure was not the tenant's fault.
⚖️ Legal holding
A tenant is entitled to have their swipe card failure considered under the Residential Tenancies Act 1986, which prioritises the landlord's responsibility to maintain the premises.
📖 What the law says
This section outlines the landlord's responsibilities, including providing the premises in a clean and reasonably repaired state, considering its age and character. It also requires landlords to meet all building, health, and safety requirements that apply to the property.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and a filing fee, dismissing the landlord's claim for a lockout fee.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and a filing fee to the landlord, rejecting the landlord's claim for a lockout fee. The decision was based on the Residential Tenancies Act 1986, which places the burden of maintaining the premises on the landlord.
📚 Full judgment Official document
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[2025] NZTT 5144729
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room 327, [ADDRESS], [POSTCODE]
ORDER
1. [NAME] to pay [COMPANY] $549.14 from the bond, as calculated in the table below:
Description Landlord Tenant Rent arrears to 4 January 2025 $522.14 Filing fee reimbursement $27.00 Total award $549.14 Bond $549.14 $95.86
2. The Bond Centre is to pay the bond of $645.00 (6477960-011) immediately apportioned as follows:
[COMPANY]: $549.14
[NAME]: $95.86
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
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How much is owed for rent?
3. The tenancy ended on 4 January 2025. The landlord provided rent records that prove the amount owing of $522.14 at the end of the tenancy.
4. The rental arrears amount is proved.
Lockout fee
5. The landlord also claims for the cost of an afterhours (25 December 2024) lockout resulting in a callout and replacement swipe card. The tenancy agreement includes a clause that an afterhours lockout will incur a $150.00 charge.
6. The landlord advises that there didn’t appear to be any reason for the tenant’s swipe card failure and cannot identify anything the tenant did to cause it. As a result, the landlord only claims $100.00 towards the callout fee and an invoice has been provided.
7. The tenant advises that the key card was two years old, and its failure was not his fault, therefore he should not be responsible for payment. He could not help that it suddenly stopped working and was entitled to access his premises.
8. Section 45(1) of the Residential Tenancies Act 1986 (RTA) requires the landlord to provide and maintain the premises in a reasonable state of repair. In my view, the failure of the swipe card was more likely than not, due to the landlord’s failure (even if they were not aware of the issue prior), rather than any fault of the tenant.
9. In other words, despite the obvious frustration for a Christmas Day callout, it is not the tenant’s fault that the door entry system / card failed on Christmas day.
10. When the RTA is contrary to a provision in a tenancy agreement (as is the case here), it is generally the RTA that is to apply. See section 11 of the RTA.
11. Accordingly, I find that the tenant is not responsible for the $100.00 callout fee and this claim is dismissed.
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12. [COMPANY] has still wholly succeeded with the claim, I must reimburse the filing fee.
R Harvey-Lane 28 March 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 successfully claimed $522.14 for rent arrears.
- The tenant's swipe card failure was deemed the landlord's responsibility under the Residential Tenancies Act 1986.
- The landlord was reimbursed $27.00 for the filing fee.
❌ Tends to be rejected
- The tenant was not held responsible for the $100.00 callout fee due to the swipe card failure.
- The landlord's claim for the full $150.00 lockout fee was dismissed.
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, while the landlord's claim for a lockout fee was dismissed.
What was the dispute about?
The dispute was over unpaid rent and a lockout fee charged by the landlord.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and filing fee, but not the lockout fee, as the swipe card failure was not the tenant's fault.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 45(1), was applied.
What was the argument that mattered most?
The argument that mattered most was whether the swipe card failure was the tenant's fault or the landlord's responsibility to maintain the premises.
Was the decision for or against the person who brought the case?
The decision was partly for and partly against the person who brought the case, as the tenant had to pay rent arrears and a filing fee, but the lockout fee claim was dismissed.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that any maintenance issues are addressed according to the Residential Tenancies Act 1986.
What evidence or documents mattered?
The rent records and the tenancy agreement were the key pieces of evidence considered by the court.