Tenant ordered to pay rent arrears and filing fee
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and the filing fee after the landlord presented a rent ledger proving the amount owing. The tenant did not attend the hearing and did not communicate with the Tribunal.
⚖️ Legal holding
A tenant must pay rent arrears and the filing fee when proven by the landlord's records.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and the filing fee.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and the filing fee after the landlord presented a rent ledger proving the amount owing. The tenant did not attend the hearing and did not communicate with the Tribunal.
📚 Full judgment Official document
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[2025] NZTT 5069849
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [COMPANY]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agent For The [COMPANY] $298.44 immediately, being rent arrears to 27 February 2025 and the filing fee, calculated as set out in the table below:
Description Landlord Tenant Rent arrears to 27 February 2025 $271.44 Filing fee reimbursement $27.00 Total award $298.44 Total payable by Tenant to Landlord $298.44
Reasons:
1. The landlord attended the hearing by telephone. The tenant did not attend the hearing. The tenant has not communicated with the Tribunal as to why he would not attend the hearing and the hearing proceeded in his absence.
2. The landlord has applied for rent arrears and has provided rent records in the form of a rent ledger which prove the amount owing.
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3. The landlord had applied for termination of the tenancy for failure to comply with a 14-day notice. However, the tenant has now complied with that notice and the claim for termination of the tenancy was withdrawn during the hearing.
4. [COMPANY] As Agent For The Wigglesworth Family has wholly succeeded with the claim. For this reason, I have ordered reimbursement of the filing fee.
K Henry
27 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 landlord provided rent records, specifically a rent ledger, which proved the amount of rent owing.
- The tenant did not attend the hearing, so it proceeded without him.
- The landlord succeeded entirely with their claim, leading to the reimbursement of the filing fee.
❌ Tends to be rejected
- The landlord's claim for termination of the tenancy was withdrawn because the tenant had complied with the 14-day notice.
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 the filing fee.
What was the dispute about?
The dispute was about unpaid rent arrears.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and the filing fee because the landlord provided a rent ledger proving the amount owing.
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 a rent ledger proving the amount of rent arrears.
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 proper documentation to prove their case if they are disputing rent arrears.
What evidence or documents mattered?
The rent ledger provided by the landlord mattered in this case.