Tenant Ordered to Pay Rent Arrears and Fixed Term Rent
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and rent to the end of the fixed term tenancy. The tenant argued that she never agreed to a fixed term, but the Tribunal found the landlord's explanation more credible.
⚖️ Legal holding
A tenant is liable for rent to the end of a fixed term tenancy unless a new tenancy starts or the landlord agrees to release the tenant.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a notice ending their tenancy if they believe the landlord gave the notice because the tenant complained or tried to use their rights as a tenant.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and rent to the end of the fixed term tenancy.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and rent to the end of the fixed term tenancy, finding the landlord's explanation more likely regarding the completion of the tenancy agreement.
📚 Full judgment Official document
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[2025] NZTT 5171192
TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. Nimali Chandima Dasanayake Mudalige Done must pay [COMPANY] $9,065.57 immediately, being rent arrears and rent to the end of the fixed term tenancy on 14 February 2025.
Description Landlord Rent arrears and rent to end of fixed term $9,038.57 Filing fee reimbursement $27.00 Total award $9,065.57 Total payable by Tenant to Landlord $9,065.57
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for rent arrears and rent to the end of a fixed term tenancy.
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3. The tenancy was for a fixed term to 14 February 2024. A tenant is liable for rent to the end of the fixed term unless; a new tenancy starts before then, the landlord agrees to release the tenant, or the tenant makes a successful application under s66 Residential Tenancies Act.
4. The written Tenancy Agreement clearly records that the tenancy is for a fixed term. However, the tenant says that she never discussed or agreed to a fixed term with the landlord. She says that she signed a blank tenancy agreement and the landlord completed it later, adding the fixed term clause. The tenant says that she had an immigration agent with her at the time, but that person did not attend the hearing to give evidence. The tenant also claims that she did not receive a copy of the tenancy agreement until this application was made.
5. The landlord disputes that. He says that when he met with the tenant, he had the tenancy agreement completed, except for her contact details (phone and email). He says that the tenant completed those details and signed the agreement. He says he emailed the agreement to her on 7 September 2024 and that he reminded her that the tenancy was for a fixed term when she gave notice in October 2024.
6. I find the landlord’s explanation more likely. The tenant’s name on the tenancy agreement has been completed by the landlord. That is more consistent with his explanation that he only needed the tenant to complete her contact details and sign the agreement. The tenant completed her contact details directly under her name. If, as she suggests, the form was completely blank I think it likely she would have also written her name. There is also evidence that the landlord emailed the agreement to the tenant on 7 September, and she replied. The tenant did not dispute the fixed term when she gave notice in October but raised it for the first time when this application was made.
7. I find it more likely than not that this was an agreed fixed term tenancy.
8. The tenant did not make an application under s60 Residential Tenancies Act, for reduction of the fixed term. At the hearing, she said that she had to leave the tenancy because the premises made her son ill. She provided evidence that her son received treatment during the tenancy (and after), but not evidence of what he was treated for or its cause. When she gave notice in October, she told the landlord the premises were too small. It also seems that she was hoping to move in with some friends.
9. I find that the landlord is entitled to rent until the end of the fixed term, or until a new tenant was found whichever was earlier. The landlord provided evidence showing that a new tenancy started on 15 February 2025.
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10. The landlord has provided rent records which prove the amount owing. As the landlord was the successful party, I have awarded reimbursement of the Tribunal application fee.
R Morgan
27 May 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 evidence showing that a new tenancy started on 15 February 2025.
- The tenant did not provide evidence of what her son was treated for or its cause.
- The landlord emailed the agreement to the tenant on 7 September, and she replied.
- The tenant did not dispute the fixed term when she gave notice in October but raised it for the first time when this application was made.
❌ Tends to be rejected
- The tenant claimed she signed a blank tenancy agreement and the landlord added the fixed term clause later.
- The tenant suggested that the form was completely blank when she signed it.
- The tenant hoped to move in with some friends as a reason to leave the tenancy early.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the tenant to pay rent arrears and rent to the end of the fixed term tenancy.
What was the dispute about?
The dispute was about whether the tenant owed rent arrears and rent to the end of the fixed term tenancy.
How did the court decide, and why?
The court decided that the tenant was liable for rent arrears and rent to the end of the fixed term tenancy, finding the landlord's explanation more likely regarding the completion of the tenancy agreement.
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 the credibility of the explanations given by the landlord and the tenant regarding the completion of the tenancy agreement.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, they may be required to pay rent arrears and rent to the end of the fixed term tenancy unless a new tenancy starts or the landlord agrees to release them.
What evidence or documents mattered?
The evidence that mattered included the tenancy agreement and email correspondence between the landlord and tenant.