Tenant Ordered to Pay Rent Arrears and Filing Fee
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay back rent arrears and a filing fee to the landlord. The tenant argued that they had fallen behind due to temporary unemployment but the Tribunal found the landlord's claim valid.
⚖️ Legal holding
A tenant is required to pay rent arrears and a filing fee reimbursement when proven owing.
📖 What the law says
This rule says that when a case goes to the Tenancy Tribunal, all parties involved must receive reasonable written notice about when and where the hearing will be, and what it's about. The notice must clearly explain the main issues to be discussed and refer to the specific law or regulation that applies to the hearing.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal awarded the landlord rent arrears and a filing fee reimbursement.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and a filing fee reimbursement to the landlord. The tenant claimed temporary unemployment as the reason for falling behind on rent.
📚 Full judgment Official document
__________________________________________________________________________________ 5092228 1
[2025] NZTT 5092228
TENANCY TRIBUNAL - Video Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] owes [COMPANY] - As Agent For [NAME] $3,827.00 (“the debt”), calculated as shown in the table below.
Description Landlord Tenant Rent arrears to 20 February 2025 $3,800.00 Filing fee reimbursement $27.00 Total award $3,827.00 Total payable by Tenant to Landlord $3,827.00
2. [NAME] and [NAME] must pay rent and the debt as follows:
a. By 25 fortnightly payments of $1,590.00, being $1,440.00 for rent and $150.00 for the debt.
b. A final payment of $1,517.00, being $1,440.00 for rent and $77.00 for the debt.
c. Payments will be every other Friday, with the first payment on 21/02/2025 and continuing until 06/02/2026.
3. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
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Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for rent arrears and reimbursement of the filing fee.
3. At the hearing, the landlord tried to advance an oral application for termination, which I declined to hear. Section 91(1) Residential Tenancies Act 1986 (RTA) requires the Tribunal to give each party to the dispute reasonable notice of the time, place, and purpose of the hearing to be held in respect of the application. The Tribunal does this by sending the parties a Notice of Hearing. In this case, the landlord’s application was for rent arrears and reimbursement of the filing fee. Therefore, the Notice of Hearing did not mention termination and the tenant did not have reasonable notice that the hearing would include this claim.
RENT ARREARS
4. The landlord has applied for rent arrears and has provided rent records which prove the amount owing up to 20 February 2025, namely $3,800.00.
5. The tenant gave evidence that the reason they have fallen behind in their rent is because they have been temporarily out of work. The tenant claims they have begun new employment recently and will receive their first fortnightly paycheque next week. The tenant gave evidence that they will be able to make their first payment of rent on Friday, 21 February 2025. Therefore, I consider it appropriate to calculate rent arrears up to 20 February 2025. Both parties agreed with this.
6. The tenant gave evidence that they have filed an application for withdrawal of their KiwiSaver funds on the basis of hardship. If their application is successful, the tenant may pay the debt off in full, rather than by way of the payment plan outlined in the order above.
FILING FEE
7. [COMPANY] - As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
L Ryken
13 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 proving the amount owing up to 20 February 2025.
- The tenant agreed to the calculation of rent arrears up to 20 February 2025.
- The tenant acknowledged they could make their first payment of rent on Friday, 21 February 2025.
- The landlord succeeded with the claim, so the filing fee was reimbursed.
❌ Tends to be rejected
- The landlord attempted to advance an oral application for termination without proper notice to the tenant.
- The tenant claimed temporary unemployment as a reason for falling behind on rent, but this was not enough to avoid paying the debt.
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 reimbursement to the landlord.
What was the dispute about?
The dispute was over 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, considering the tenant's evidence of temporary unemployment but finding the landlord's claim valid.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 91 was applied.
What was the argument that mattered most?
The argument that mattered most was the landlord's proof of rent arrears and the tenant's evidence of temporary unemployment.
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 provide adequate evidence for any claims regarding rent arrears and filing fees.
What evidence or documents mattered?
The rent records and the tenant's evidence of temporary unemployment mattered in the decision.