Tenant Ordered to Pay Rent Arrears and Filing Fee
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and a filing fee. The tenant must comply with the conditions set by the Tribunal to avoid termination of the tenancy.
⚖️ Legal holding
A tenant must pay rent arrears and a filing fee if they fail to comply with the conditions set by the Tribunal.
📖 What the law says
This rule states that the Tribunal must end a tenancy if the landlord applies and the rent is at least 21 days overdue, or if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or related individuals.
This rule allows the Tribunal to end a tenancy if either the landlord or tenant applies and the other party has broken the tenancy agreement or the Act. If the breach could have been fixed, the applicant must have given notice to fix it within at least 10 working days, and the other party failed to do so.
This rule says that if a tenancy has ended, the Tribunal must order that the person entitled to the property gets possession of it, as long as the application is made within 3 months of the tenancy ending. An order from the Tribunal to end a tenancy also acts as an order for the landlord to get possession of the property.
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, subject to compliance conditions.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and a filing fee, with compliance conditions. The order was made under the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5101869 1
[2025] NZTT 5101869
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] owes [COMPANY] $3,127.00 (“the debt”) as shown in the table below:
Description Landlord Rent arrears (to 27 February 2025) $3,100.00 Filing fee reimbursement $27.00 Total award $3,127.00 Total payable by Tenant to Landlord $3,127.00
2. [NAME] must pay rent and the debt as follows:
a. By 31 weekly payments of $720.00, being $620.00 for rent and $100.00 for the debt.
b. A final payment of $647.00, being $620.00 for rent and $27.00 for the debt.
c. Payments will be every Wednesday, with the first payment on 26/02/2025 (today) and continuing until 01/10/2025.
3. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
4. If the tenant fails to pay rent and rent arrears within 2 working days of the due dates:
__________________________________________________________________________________ 5101869 2
a. The tenancy at [ADDRESS], [POSTCODE] will terminate and the landlord will have immediate possession of the premises.
b. The balance of the debt will be payable immediately.
5. If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
6. An application for water rates was withdrawn at the hearing.
7. An application for damage to a front door is dismissed.
Reasons:
1. The landlord attended the hearing by the video link provided in the notice of hearing. The tenant did not attend by the video link and did not answer calls made to her during the hearing.
2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, compensation and reimbursement of the filing fee.
Should the tenancy be terminated?
3. Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must make either a final or conditional termination order. See sections 55, 55(1A) and 56(2) Residential Tenancies Act 1986.
4. Rent is at least 21 days in arrears at the hearing date.
5. The landlord advised that the tenant has been paying current rent plus an extra $100 per week. The additional payment has cleared the outstanding water rates.
6. If the tenant continues to pay the weekly rent, plus the $100 towards arrears the landlord is content for the tenancy to continue. I have made a conditional termination order.
7. The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
8. The landlord also applied for an insurance excess of $900 for damage to the premises. The damage was not caused by the tenant, or someone at the premises with their permission. It was caused by a break in. The claim is dismissed. See s48A Residential Tenancies Act 1986.
__________________________________________________________________________________ 5101869 3
9. As the landlord was the successful party, I have also awarded reimbursement of the Tribunal application fee.
[NAME]
26 February 2025
__________________________________________________________________________________ 5101869 4
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/
__________________________________________________________________________________ 5101869 5
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 owes rent arrears and a filing fee.
- The landlord was successful in their application for reimbursement of the Tribunal application fee.
- The tenant's failure to attend the hearing led to the order being made against them.
❌ Tends to be rejected
- The tenant’s damage claim for the front door was dismissed.
- The landlord's insurance excess claim of $900 for damage caused by a break-in was dismissed.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision ordered the tenant to pay rent arrears and a filing fee.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and a filing fee.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and the filing fee under specific conditions to avoid termination of the tenancy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55, 56(2), and 64(4)(b) were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had failed to pay rent arrears and a filing fee, leading to the application for termination of the tenancy.
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 comply with the conditions set by the Tribunal to avoid termination of their tenancy.
What evidence or documents mattered?
The evidence included the tenant's failure to pay rent arrears and a filing fee, and the landlord's application for termination of the tenancy.