Tenant ordered to pay rent arrears and filing fees
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $1,361.29, which includes rent arrears and the landlord's filing fee. This decision was based on the landlord's rent records.
⚖️ Legal holding
A tenant must pay rent arrears as proven by the landlord's rent records.
📖 Technical summary
The Tribunal awarded the landlord rent arrears and filing fee reimbursement.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $1,361.29, including rent arrears and filing fee reimbursement, based on the landlord's provided rent records.
📚 Full judgment Official document
__________________________________________________________________________________ 5099548 1
[2025] NZTT 5099548
TENANCY TRIBUNAL - [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
2. [NAME] must pay [The landlord/s] $1,361.29 immediately, as calculated in the table below -
Description Landlord Tenant Rent arrears to 24.2.25 $1,334.29 Filing fee reimbursement $27.00 Total award $1,361.29 Total payable by Tenant to Landlord $1,361.29
Reasons:
1. The landlord attended the hearing by phone call.
2. The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.
3. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
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4. I note that the day before the hearing the landlord updated the application seeking water rates. I consider this claim needs to be by way of a fresh application to ensure the tenant has sufficient notice of the claim.
5. Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.
6. The landlord sought suppression and as the application is successful, I have made an order accordingly.
[NAME] 24 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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord proved the amount of rent owing by providing rent records.
- The tenant was properly notified about the hearing, even though she did not answer the phone call.
- The landlord's request to suppress their name and identifying details was granted.
- The landlord was reimbursed the filing fee because they fully succeeded with their claim.
❌ Tends to be rejected
- The landlord's updated claim for water rates was rejected because the tenant did not have enough notice.
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 the landlord $1,361.29, including rent arrears and filing fee reimbursement.
What was the dispute about?
The dispute was about unpaid rent arrears and the landlord's filing fee.
How did the court decide, and why?
The court decided in favour of the landlord because the landlord provided proof of the rent arrears through rent records.
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's provision of rent records proving the amount of rent arrears.
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 proper documentation to prove their claims.
What evidence or documents mattered?
The rent records provided by the landlord were the key evidence in this case.