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. This decision came after the landlord presented proof of the amount owed at the end of the tenancy.
⚖️ Legal holding
A tenant must pay rent arrears and a filing fee when the landlord succeeds in their claim.
📖 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 after the landlord proved the amount owing at the end of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5074948
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 Agent For [NAME] $361.31 immediately, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $3,120.00 (5403688-002) to [COMPANY] As Agent For [NAME] immediately.
Description Landlord Tenant Rent arrears to 08/12/2024 $3,454.31 Filing fee reimbursement $27.00 Total award $3,481.31 Minus bond - $3,120.00 Total payable by Tenant to Landlord $361.31
Reasons:
1. The landlord attended the teleconference hearing. The tenant did not.
2. The landlord has applied for rent arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
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3. The tenancy ended on 8 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
4. I order the tenant to pay the landlord $3,454.31 for rent arrears to 8 December 2024.
5. Furthermore, because the landlord has wholly succeeded with the claim, the tenant must reimburse the filing fee.
J Yi
27 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 attended the hearing, allowing their claims to be heard.
- The landlord provided records that proved the amount of rent owed.
- The landlord fully succeeded with their claim for rent arrears.
- The tenancy ended on a specific date, which helped calculate the arrears.
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 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 did not attend the hearing and the landlord provided proof of the rent arrears.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The most important argument was the landlord's presentation of rent records proving the amount owing at the end of the tenancy.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have proof of rent payments and attend all hearings.
What evidence or documents mattered?
The rent records provided by the landlord mattered in this decision.