Tenant ordered to pay rent arrears and landlord to return bond
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears to the landlord and the landlord must return the bond to the tenant. The tenant did not attend the hearing and could not provide evidence to support their case.
⚖️ Legal holding
A tenant is required to pay rent arrears to the landlord.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and the landlord to return the bond.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears to the landlord and the landlord to return the bond to the tenant. The tenant failed to attend the hearing despite multiple attempts to contact them.
📚 Full judgment Official document
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[2025] NZTT 5121218
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] as [COMPANY] $3,802.72 immediately, calculated as shown in table below.
2. [COMPANY] is to pay the bond of $2,200.00 (5732176-011) to [COMPANY] As [COMPANY] immediately.
Description Landlord Tenant Rent arrears to 13 February 2025 $5,975.72 Filing fee reimbursement $27.00 Total award $6,002.72 Bond $2,200.00 Total payable by Tenant to Landlord $3,802.72
Reasons:
1. The tenants were called multiple times on the phone numbers provided. [NAME] was unable to be contacted. [NAME] answered and said that she was driving. She agreed for the Tribunal to call her back. Subsequent calls by the Tribunal to [NAME] phone number remained unanswered. The hearing continued in their absence, with the landlord present.
2. The tenants have given 28 days’ notice to end the tenancy on 15 January 2025.
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3. The landlord has applied for rent arrears and has provided up to date rent records which prove the amount owing to the date of the hearing, being 13 February 2025.
4. This amount is awarded as claimed.
5. [COMPANY] as [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
T Harris
13 February 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 up-to-date rent records proving the amount owed.
- The tenants did not attend the hearing despite being called multiple times.
❌ Tends to be rejected
- The tenants gave 28 days' notice to end the tenancy, which did not affect the rent arrears claim.
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 to the landlord and the landlord to return the bond.
What was the dispute about?
The dispute was about unpaid rent and the return of the bond.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant failed to attend the hearing and provide evidence to support their case.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The fact that the tenant failed to attend the hearing and provide evidence was the most important factor.
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?
Someone in a similar situation should ensure they attend the hearing and provide evidence to support their case.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that mattered.