Tenant Ordered to Pay Rent Arrears and Filing Fees
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate the landlord for filing fees after the tenant failed to attend the hearing and respond to notices.
⚖️ Legal holding
A tenant must pay rent arrears and compensate the landlord for filing fees if they fail to attend the hearing and respond to notices.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate the landlord for filing fees.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate the landlord for filing fees after the tenant failed to attend the hearing and respond to notices.
📚 Full judgment Official document
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[2025] NZTT 5145939
TENANCY TRIBUNAL AT WAITAKERE | TE TARAIPIUNARA RETIHANGA KI WAITĀKERE
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $11,035.65 immediately (“the debt”), calculated as shown in table below.
Description Landlord Tenant Rent arrears to 21/02/2025 $11,008.71 Previous order application 5025534 dated 28/11/2024 $2,999.94 Filing fee reimbursement $27.00 Total award $14,035.65 Bond $3,000.00 Total payable by Tenant to Landlord $11,035.65
2. The Bond Centre is to pay the bond of $3,000.00 (6409658-010) to [COMPANY] immediately.
3. [COMPANY] must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
4. The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.
5. This order incorporates the Tribunal order made on 22 January 2025 under application 5055749.
Reasons:
1. The landlord attended the hearing. The tenant did not.
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2. I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
3. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
4. On 22 January 2025, the Tribunal made an order relating to this tenancy, for rent arrears of $2,972.94 (to 10 November 2024) and the filing fee of $27.00. The previous order is incorporated into this order for enforcement purposes. The amount still owing from this order is $2,999.94.
How much is owed for rent?
5. The tenancy ended on 21 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Disposal of goods
6. The landlord has applied for the disposal of goods the tenant left on the side of the shared driveway of the premise at the end of the tenancy.
7. The landlord agreed on a period for the tenant was to collect the goods, but the tenant failed to collect the goods within that time. The tenant confirmed by text message on 4 March 2025 that he would remove his belongings from the property by the following Friday morning. He has not done so and has ceased communication with the landlord.
8. It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore, the landlord may dispose of the goods as it sees fit and recover the reasonable disposal costs from the tenant in addition to the debt set out Order 1 above. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.
Reimbursement of filing fee
9. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
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19 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 tenant did not attend the hearing despite receiving proper notice.
- The landlord provided proof of rent arrears through rent records.
- The tenant failed to collect their belongings within the agreed timeframe.
- The value of the tenant's goods is below the cost of storing and disposing of them.
- The landlord succeeded in the claim for reimbursement of the filing fee.
❌ Tends to be rejected
- The tenant did not provide any counter-evidence or explanation for non-payment.
- The tenant did not respond to notices regarding the hearing and rent arrears.
- The tenant abandoned personal documents and goods at the premises.
- The tenant ceased communication with the landlord after confirming removal plans.
- The tenant did not contest the landlord's right to dispose of the abandoned goods.
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 compensate the landlord for filing fees.
What was the dispute about?
The dispute was about unpaid rent and the landlord's request for compensation for filing fees.
How did the court decide, and why?
The court decided that the tenant must pay the debt because they failed to attend the hearing and respond to notices.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 62(3)(b) and 62B(2) were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant failed to attend the hearing and respond to notices.
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 all hearings and respond to notices to avoid such orders.
What evidence or documents mattered?
The evidence included rent records and text messages confirming the tenant's failure to collect their belongings.