Tenant Ordered to Pay Rent Arrears and Filing Fees After Non-Attendance
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and a filing fee after the landlord attended the hearing and the tenant did not. The tenant had received proper notice of the hearing time, date, and place but chose not to attend.
⚖️ Legal holding
A tenant must pay rent arrears and filing fees if they have been properly notified of the hearing and failed to attend.
📖 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 landlord attended the hearing and the tenant did not. The tenant had received proper notice of the hearing time, date, and place but chose not to attend.
📚 Full judgment Official document
__________________________________________________________________________________ 5120916 1
[2025] NZTT 5120916
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE], CML Apartments
ORDER
1. [NAME] must pay [COMPANY] $1,441.29 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 24 February 2025 $3,254.29 Filing fee reimbursement $27.00 Total award $3,281.29 Bond $1,840.00 Total payable by Tenant to Landlord $1,441.29
2. The Bond Centre is to pay the bond of $1,840.00 (3313273-019) to [COMPANY] immediately.
Reasons:
3. The landlord attended the hearing. The tenant did not.
4. I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
5. The landlord has applied for rent arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
__________________________________________________________________________________ 5120916 2
How much is owed for rent
6. The tenancy ended on 24 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Reimbursement of filing fee
7. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
03 March 2025
__________________________________________________________________________________ 5120916 3
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/
__________________________________________________________________________________ 5120916 4
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 had proper notice of the hearing and chose not to attend.
- The landlord provided proof of the rent arrears through rent records.
- The landlord successfully claimed for the reimbursement of the filing fee.
❌ Tends to be rejected
- The tenant's failure to provide any defense or explanation for non-payment.
- The tenant's absence at the hearing without providing any reason for not attending.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision ordered the tenant to pay rent arrears and a filing fee.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and the landlord's request for a filing fee reimbursement.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and the filing fee because the tenant had received proper notice of the hearing and chose not to attend.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had received proper notice of the hearing and chose not to attend.
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 hearings to present their side of the story.
What evidence or documents mattered?
The evidence that mattered included the landlord providing rent records which proved the amount owing at the end of the tenancy.