Tenant Ordered to Pay Rent Arrears and Filing Fees After Missing Hearing
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $7,829.86 to the landlord for rent arrears and filing fees after the tenant missed a scheduled hearing. The landlord provided proof of arrears through rent records.
⚖️ Legal holding
A tenant must pay rent arrears and filing fees when they fail to attend a scheduled hearing and provide proof of arrears.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and a filing fee reimbursement to the landlord.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $7,829.86 to the landlord for rent arrears and filing fees after the tenant failed to attend a scheduled hearing. The landlord provided proof of arrears through rent records.
📚 Full judgment Official document
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[2025] NZTT 5164873
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $7,829.86 immediately, as calculated in the table below.
2. [COMPANY] is to pay the bond of $2,680.00 (6214542-009) to [COMPANY] immediately.
Description Landlord Tenant Rent arrears as at 24 March 2025 $10,482.86 Filing fee reimbursement $27.00 Total award $10,509.86 Bond $2,680.00 Total payable by Tenant to Landlord $7,829.86
Reasons:
1. This application was scheduled to be heard by video conference. The tenant did not link to the Teams link. I rang the number provided for him and left a message advising him that he would be called back in a few minutes. He did not answer the second call made to that number. I also rang another number provided for him which was answered by a person who advised me that this
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phone was a work phone that used to belong to the tenant but that it was no longer his.
2. The hearing proceeded in the tenant’s absence.
3. The landlord has applied for rent arrears and has provided rent records which prove the amount owing as at 24 March 2025, the date on which the tenant vacated the premises. The last payment the tenant made for rent was $620.00 on 6 December 2024.
4. Further to this, because [COMPANY] has wholly succeeded with the claim I must order Mr [NAME] to reimburse them the filing fee.
C ter Haar
02 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 tenant did not attend the scheduled hearing.
- The landlord provided rent records proving the amount owing.
- The tenant failed to provide any proof of payment or defense.
- The filing fee was reimbursed to the landlord due to successful claim.
❌ Tends to be rejected
- The tenant's work phone was no longer active and could not be reached.
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 $7,829.86 to the landlord for rent arrears and filing fees.
What was the dispute about?
The dispute was about unpaid rent arrears and the filing fees for the landlord's application.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant failed to attend the scheduled hearing and the landlord provided proof of arrears.
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 proof of rent arrears provided by the landlord.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they attend all scheduled hearings and provide proof of any claims.
What evidence or documents mattered?
The rent records provided by the landlord mattered in this decision.