Tenant ordered to pay rent arrears and filing fee after failing to attend hearing
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and a filing fee after the tenant failed to attend the hearing. The landlord successfully claimed the amount due.
⚖️ Legal holding
A tenant must pay rent arrears and a filing fee if they fail to attend a hearing and provide evidence to the contrary.
📖 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 tenant failed to attend the hearing and provide evidence to the contrary.
📚 Full judgment Official document
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[2025] NZTT 5124728
TENANCY TRIBUNAL AT AUCKLAND | TE TARAIPIUNARA RETIHANGA KI TĀMAKI MAKAURAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $507.00 immediately, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $220.00 to [COMPANY] immediately.
Description Landlord Tenant Rent arrears to 14 January 2025 $700.00 Filing fee reimbursement $27.00 Total award $727.00 Bond $220.00 Total payable by Tenant to Landlord $507.00
Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made at the scheduled time on the number provided to the Tribunal.
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2. Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
3. The landlord has applied for possession of the property, rent arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
4. The landlord stated today that on 21 November 2024 the tenant gave notice to end the tenancy on 19 December 2024. The tenant then sought an extension to the end date until 14 January 2025. This end date was accepted by the landlord.
5. Following the passing of the date of the end of the tenancy, the tenant did not return the keys. The landlord is therefore seeking rent arrears up until the hearing date.
6. No information was provided to the Tribunal that suggested the tenant remained in possession of the premises after 14 January 2025.
7. Because there is no argument about the end of tenancy date, that is the date until which the tenant is liable for rent arrears.
8. [COMPANY] has substantially succeeded with the claim I have reimbursed the filing fee.
C Lamdin
15 April 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 and provided evidence of rent arrears.
- The tenant did not attend the hearing and did not provide any counter-evidence.
- The landlord provided the exact dates for the tenancy end and subsequent rent arrears period.
- The filing fee was requested and awarded since the tenant did not contest it.
❌ Tends to be rejected
- The tenant did not request an adjournment of the hearing.
- The tenant did not return the keys after the tenancy ended, confirming liability for rent arrears.
- There was no evidence presented that the tenant remained in possession after the agreed end date.
- The tenant did not provide any reason for failing to attend the hearing.
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.
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 provide evidence to refute the claims.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The fact that the tenant did not attend the hearing and provide evidence to refute the claims was the most important argument.
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 attend the hearing and provide evidence to refute any claims made against them.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that mattered.