Tenant Ordered to Pay Rent Arrears and Ongoing Payments
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $1,488.00 in rent arrears and ongoing rent payments of $254.00 every fortnight. The landlord provided rent records proving the amount owing, including a reduction under a debt forgiveness policy.
⚖️ Legal holding
A tenant must pay rent arrears and ongoing rent payments as ordered by the Tenancy Tribunal.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and ongoing rent payments.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $1,488.00 in rent arrears and ongoing rent payments of $254.00 every fortnight. The landlord provided rent records proving the amount owing, including a reduction under a debt forgiveness policy.
📚 Full judgment Official document
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[2025] NZTT 5058848
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $1,488.00 immediately, being rent arrears to 27 March 2025.
2. The tenant must pay the debt in order 1. at the rate of no less than $16.00 per fortnight.
3. The first payment must be made on or before Thursday 27 March 2025 and payments must continue every second Thursday thereafter until the debt is paid in full. The total payment expected every fortnight is $254.00, being current rent of $248.00 and the debt payment of $16.00.
4. If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
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Reasons:
1. Both parties attended the hearing, conducted via teleconference.
2. The landlord has applied for rent arrears and has provided rent records which prove the amount owing. This total includes a reduction of $513.00 under a debt forgiveness policy of the landlord. The rent summary is accepted and established the rent arrears as ordered.
3. The tenant has already been paying the current rent and an additional amount greater than that ordered. The rent arrears has reduced since the application was lodged.
4. The tenant raised other issues, some historic. As advised at the hearing, these should form a tenant application to the Tribunal if so desired.
M Brennan
19 March 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 proved the amount of rent owing by providing rent records.
- The rent summary provided by the landlord was accepted by the Tribunal.
- The tenant was already making payments towards the current rent and an additional amount.
- The total rent arrears had decreased since the landlord's application was first submitted.
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 $1,488.00 in rent arrears and ongoing rent payments of $254.00 every fortnight.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears as required by the Residential Tenancies Act 1986.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and ongoing rent payments as ordered, based on the landlord providing rent records proving the amount owing.
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 landlord's provision of rent records proving the amount owing, including a reduction under a debt forgiveness policy.
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 have accurate records of their rent payments and any applicable debt forgiveness policies.
What evidence or documents mattered?
The rent records provided by the landlord mattered in this decision.