Tenant Ordered to Pay Rent Arrears and Filing Fees
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $1,312.71 to the landlord for rent arrears and filing fees after the tenant failed to attend the hearing. The landlord provided proof of the amounts owed.
⚖️ Legal holding
A tenant must pay rent arrears and filing fees if the landlord provides proof of the amounts owed.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and a filing fee.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $1,312.71 to the landlord for rent arrears and filing fees after the tenant failed to attend the hearing. The landlord provided proof of the amounts owed.
📚 Full judgment Official document
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[2025] NZTT 5047094
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room Suite G, Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agent For [COMPANY] $1,312.71 immediately, calculated as shown in table below.
2. [COMPANY] is to pay the bond of $3,600.00 (5250731-017) to [COMPANY] As Agent For [COMPANY] immediately.
Description Landlord Tenant Rent arrears $4,885.71 Filing fee reimbursement $27.00 Total award $4,912.71 Bond $3,600.00 Total payable by Tenant to Landlord $1,312.71
Reasons:
1. The landlord attended this video hearing.
2. The tenant did not attend the hearing by Temas video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls
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went to voicemail. The Tribunal may hear matters where it is satisfied that notice of the hearing has been given. I am satisfied that notice has been given.
3. The landlord has applied for 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 tenancy ended on 28 October 2024. The landlord provided rent records which prove that the amount owing at the end of the tenancy was $4,885.71.
5. As [COMPANY] As Agent For [COMPANY] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
S Young
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 proving the amount owing was $4,885.71.
- The landlord attended the video hearing.
- The tribunal confirmed the tenant received notice of the hearing.
- The landlord requested reimbursement of the filing fee which was granted.
❌ Tends to be rejected
- The tenant did not attend the hearing.
- The tenant did not provide any evidence or counter-arguments.
- The tenant did not respond to the notice of the hearing.
- The tenant did not challenge the accuracy of the rent records provided by the landlord.
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 $1,312.71 to the landlord for rent arrears and filing fees.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and the landlord's request for filing fees.
How did the court decide, and why?
The court decided that the tenant must pay the landlord $1,312.71 because the landlord provided proof of the rent arrears and filing fees owed.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The most important argument was the landlord providing proof of the rent arrears and filing fees owed.
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 have proof of rent arrears and filing fees if they wish to bring a case to the Tenancy Tribunal.
What evidence or documents mattered?
The judgment mentions rent records provided by the landlord as evidence.
