Tenant Ordered to Pay Rent Arrears and Filing Fees in Tenancy Dispute
📌 In brief
In this Tenancy Tribunal case, the tenant was ordered to pay rent arrears and a filing fee after failing to attend the hearing. The bond amount was also returned to the landlord. This ruling highlights the importance of addressing rent payments on time and attending scheduled hearings.
⚖️ Legal holding
A tenant is required to pay outstanding rent arrears and any applicable filing fees when found liable in a Tenancy Tribunal hearing.
📖 What the law says
This rule generally states that the Tenancy Tribunal cannot order one party to pay the other party's legal costs. However, there are exceptions, such as when the case is considered frivolous or vexatious, or if a party was represented by a lawyer.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenant was ordered to pay rent arrears and a filing fee, while the bond was released to the landlord.
📜 Headnote Official document
In a case before the Tenancy Tribunal, the tenant was ordered to pay rent arrears of $3,777.00 and a filing fee of $28.00 to the landlord, while the bond held by the Bond Centre was released to the landlord.
📚 Full judgment Official document
OUTCOME: Allowed
__________________________________________________________________________________ 5459940 1
[2026] NZTT 5459940
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
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. [RESPONDENT] must pay [The landlord/s] $1,485.00 immediately, calculated as shown in table below.
3. The [COMPANY] is to pay the bond of $2,320.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Description Landlord Tenant Rent arrears to 19 April 2026 $3,777.00 Filing fee reimbursement $28.00 Total award $3,805.00 Bond $2,320.00 Total payable by Tenant to Landlord $1,485.00
Reasons:
1. The tenancy began on 23 September 2025.
2. The landlord issued multiple rent arrears breach notices during the tenancy. The landlord filed this application on 3 March 2026.
__________________________________________________________________________________ 5459940 2
3. The tenant gave notice and the tenancy ended on 19 April 2026.
4. The Tenancy Tribunal hearing took place by video conference on 2 June 2026. The landlords participated in the hearing. The tenant did not join the hearing. I attempted to call the tenant at the start of the hearing but there was no answer. The hearing proceeded in the tenant’s absence.1
5. The landlords confirmed that the tenant vacated on 19 April 2026. The premises were left reasonably clean and tidy except for some graffiti on the walls in the garage. The landlords are not pursuing a claim for that damage.
6. There are rent arrears of $3,777.00 to the end of the tenancy.
7. The landlord has been successful in this application, and I must award them the filing fee of $28.00.2
8. Name suppression is granted to the landlords.3
9. The bond will be released to the landlords.
N [NAME] 02 June 2026
1 Section 92 Residential Tenancies Act 1986 (“RTA”) 2 Section 102(4)(a) RTA 3 Section 95A(1) RTA
__________________________________________________________________________________ 5459940 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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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/
__________________________________________________________________________________ 5459940 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:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears: Tenant Ordered to Pay Over $7,000
- Tenancy Tribunal Tenant Fined for Using Rental Property Illegally: Tenancy Tribunal Decision
- Tenancy Tribunal Tribunal Orders Tenant to Clean Property or Face Penalties
- Tenancy Tribunal Tenant Ordered to Pay Landlord Over $2,000 for Rent Arrears
- Tenancy Tribunal Tenancy Terminated Due to Abandonment and Rent Arrears
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Arrears and Rates
- Tenancy Tribunal Tenancy Tribunal Ends Lease for Unpaid Rent
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- Tenant is required to pay outstanding rent arrears.
- Tenant must comply with payment obligations or face tenancy termination.
- Rent arrears of at least 21 days when an application for termination is filed lead to tenant liability.
- Tenant's failure to notify landlord of intention to leave constitutes abandonment.
- Tribunal corrects errors in previous orders related to gender reference.
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 a filing fee, while the bond was released to the landlord.
Who was involved?
A landlord and a tenant were involved in the dispute over unpaid rent.
How did the court decide, and why?
The court decided based on evidence of outstanding rent arrears and the tenant's absence from the hearing.
Which laws or rules were applied?
Sections 54, 102(4)(a), and 95A(1) of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The evidence showing rent arrears and the tenant's failure to attend the hearing were crucial.
Was the decision for or against the person who brought the case?
The decision was in favour of the landlord, as the tenant had to pay the outstanding amount.
What does this mean for someone in a similar situation?
Someone facing rent arrears should address them promptly and attend all scheduled hearings.
What evidence or documents mattered?
Rent arrears notices and proof of non-payment were key pieces of evidence.
Can a decision like this be appealed?
Yes, either party can appeal the decision within 10 working days to the District Court.
Is it worth getting a lawyer for a case like this?
It is advisable to seek legal advice from a qualified lawyer for specific guidance on your situation.
