Tenant Ordered to Pay Rent Arrears and Filing Fees from Bond
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and filing fees from the bond after the landlord proved the amount owing. The tenant did not attend the hearing and was notified of the hearing date.
⚖️ Legal holding
A tenant must pay rent arrears and filing fees from their bond when found liable by the Tenancy Tribunal.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and filing fees from the bond.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and filing fees from the bond after the landlord proved the amount owing. The tenant did not attend the hearing and was notified of the hearing date.
📚 Full judgment Official document
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[2025] NZTT 5267759
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat D, 26 [COMPANY], [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] as [COMPANY] $3061.29 from the bond as calculated in the table below:
2. The [COMPANY] is to pay $3,061.29 from the bond of $3,800.00 (6543380- 001) to [COMPANY] as [COMPANY] immediately.
3. The balance of the bond of $738.71 is to remain at the [COMPANY].
Reasons:
1. Only the applicant landlord attended the hearing which took place by video conference. The tenant was called on three different numbers provided in the
Description Landlord Rent arrears to 22/05/2025 $3,034.29 Filing fee reimbursement $27.00 Total award $3,061.29 Bond $3,061.29
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application and all calls went to voicemail. The file records that the parties have been sent notice of the hearing. The hearing proceeded in the tenant’s absence.
2. The landlord applied for possession, bond refund, rent arrears and reimbursement of the filing fee.
3. Today the landlord advised that possession has now been returned to the landlord as the tenant vacated the premises on 22 May 2025.
4. The landlord has applied for rent arrears and has provided rent records which prove the amount owing to the end of the tenancy in the sum of $3034.29.
5. [COMPANY] as [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
6. The bond is partially refunded to the landlord to cover the rent arrears and filing fee.
7. The balance of the bond is to be held at the [COMPANY] pending a vacated claim to be filed by the landlord.
[NAME]
05 June 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 of rent arrears.
- The tenant did not attend the hearing and did not provide any counter-evidence.
- The landlord requested a refund of the bond to cover the rent arrears and filing fee.
- The tribunal decided to reimburse the filing fee to the landlord.
❌ Tends to be rejected
- The tenant failed to respond to the hearing notice and missed the opportunity to present their case.
- The tenant did not provide any reason for the non-payment of rent arrears.
- The tenant did not contest the landlord's claim for rent arrears and filing fee reimbursement.
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 filing fees from the bond.
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 did not provide any evidence to refute the rent arrears and filing fees claimed by the landlord.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
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 who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they attend hearings and provide evidence to refute claims made against them.
What evidence or documents mattered?
The rent records provided by the landlord mattered in proving the amount of rent arrears owed.