Tenant Ordered to Pay Rent Arrears and Return Bond
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and return the bond to the landlord after the tenancy ended. The landlord proved the amount of rent owed and the Tribunal allowed the bond to be used to reduce the total amount due.
⚖️ Legal holding
A tenant must repay rent arrears and bond to the landlord upon termination of the tenancy.
📖 Technical summary
The Tenancy Tribunal awarded the landlord rent arrears and bond repayment.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and return the bond to the landlord following the termination of the tenancy agreement. The landlord provided proof of rent arrears and the Tribunal released the bond to offset the amount owed.
📚 Full judgment Official document
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[2025] NZTT 5163773
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] As Agent For [NAME] $3,459.14 immediately, calculated as shown in table below:
Description Landlord Rent arrears (to 17 April 2025) $5,472.14 Filing fee reimbursement $27.00 Total award $5,499.14 Bond $2,040.00 Total payable by Tenant to Landlord $3,459.14
2. The Bond Centre is to pay the bond of $2,040.00 (3092612-018) to [COMPANY] As Agent For [NAME] immediately.
Reasons:
1. Both parties attended the hearing. [NAME] attended for the tenants. [NAME] did not attend.
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2. The landlord has applied for rent arrears and has provided rent records which prove the amount owing to the end of the tenancy on 17 April 2025. I have released the bond to the landlord to reduce the amount owed for rent.
3. The landlord had also applied for termination of the tenancy. The tenancy ended before the application was heard.
4. As the landlord was the successful party, I also award reimbursement of the Tribunal application fee.
R Morgan
07 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 rent records proving the amount of rent arrears.
- The tenancy ended before the application was heard, allowing the landlord to claim the full amount.
- The landlord successfully applied for the release of the bond to reduce the amount owed for rent.
❌ Tends to be rejected
- The tenant did not provide any counter-evidence or arguments to dispute the rent arrears.
- The tenant did not attend the hearing, missing the opportunity to present their case.
- No mention of the tenant challenging the calculation or the amount of the bond repayment.
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 return the bond to the landlord.
What was the dispute about?
The landlord claimed rent arrears and sought the return of the bond after the tenancy ended.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant owed rent arrears and the bond needed to be returned.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The landlord's proof of rent arrears and the need to return the bond were the key arguments.
Was the decision for or against the person who brought the case?
The decision was for the landlord who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they pay all rent arrears and return the bond when the tenancy ends.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents used.