Tenant Ordered to Pay Rent Arrears and Forfeit Bond
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $371.29 in rent arrears to the landlord and forfeit the bond due to prolonged non-payment of rent.
⚖️ Legal holding
A tenant must pay rent arrears and forfeit the bond when they are in arrears for over 21 days.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the landlord applies to the Tribunal. It also covers situations where a tenant causes significant damage or threatens the landlord or others.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and forfeit the bond.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $371.29 in rent arrears to the landlord and forfeit the bond due to prolonged non-payment of rent.
📚 Full judgment Official document
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[2025] NZTT 5144950
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agent For [NAME] $371.29 immediately, being rent arrears to 8 April 2025.
Description Rent arrears to 8 April 2025
Award
Filing fee $27.00 Total award $2,131.29 Minus Bond $1,760.00 Tenant to Pay $371.00
Reasons:
1. The Landlord attended the hearing. This was a remote (video) hearing. The Tenant did not attend via MS Teams and did not answer when called (two mobile numbers, provided by the Landlord).
2. The Landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
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3. Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
4. The Landlord provided rent records which prove the amount owing at the end of the tenancy.
5. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
08 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 landlord provided proof of rent arrears through rent records.
- The tenant did not attend the hearing and could not contest the claims.
- The rent was in arrears for over 21 days when the application was filed.
- The landlord successfully applied for termination of the tenancy.
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 $371.29 in rent arrears and forfeit the bond.
What was the dispute about?
The dispute was about unpaid rent arrears and the termination of the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and forfeit the bond because the rent was at least 21 days in arrears when the application was filed.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 55(1)(a) was applied.
What was the argument that mattered most?
The argument that mattered most 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 pay their rent on time to avoid termination of their tenancy and loss of their bond.
What evidence or documents mattered?
The rent records provided by the landlord mattered in proving the amount of rent arrears.