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AllowedTenancy Tribunal·

Tenant Ordered to Pay Rent Arrears and Return Bond

Case No.

📌 In brief

The Tenancy Tribunal ruled that the tenant must pay $2,155.57 in rent arrears and return the bond of $894.00 to the landlord. This decision was made based on the landlord's proof of rent arrears and the end of the tenancy agreement on 30 January 2025.

⚖️ Legal holding

A tenant is required to pay rent arrears and return the bond to the landlord upon termination of the tenancy.

Topics

rent arrearsbond repayment

Provisions

📖 Technical summary

The Tenancy Tribunal ordered the tenant to pay rent arrears and bond to the landlord.

📜 Headnote Official document

The Tenancy Tribunal ordered the tenant to pay $2,155.57 in rent arrears and return the bond of $894.00 to the landlord. The decision was based on the landlord's proof of rent arrears and the termination of the tenancy on 30 January 2025.

📚 Full judgment Official document

__________________________________________________________________________________ 5144189 1

[2025] NZTT 5144189

TENANCY TRIBUNAL - Remote Location

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [NAME] $2,155.57 immediately, calculated as shown in table below.

2. The Bond Centre is to pay the bond of $894.00 (3345476-006) to [NAME] immediately.

Description Landlord Tenant Rent arrears $3,022.57 Filing fee reimbursement $27.00 Total award $3,049.57 Bond $894.00 Total payable by Tenant to Landlord $2,155.57

Reasons:

1. The landlord attended the hearing by remote teleconference. The telephone call to the tenant went unanswered to voicemail.

2. The landlord has applied for rent arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

__________________________________________________________________________________ 5144189 2

How much is owed for rent?

3. The tenancy ended on 30 January 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted the landlord’s updated rent ledger I am satisfied that the tenant is responsible for this debt.

4. The claim for rent arrears is proven.

5. [NAME] has wholly succeeded with the claim I must reimburse the filing fee.

[NAME]

19 February 2025

__________________________________________________________________________________ 5144189 3

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/

__________________________________________________________________________________ 5144189 4

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 that proved the amount owing at the end of the tenancy.
  • The adjudicator was satisfied that the tenant was responsible for the debt after seeing the updated rent ledger.
  • The claim for rent arrears was proven.
  • The landlord succeeded with the claim and was reimbursed the filing fee.

Patterns observed in similar cases in this collection — every case is unique.

❓ Frequently asked questions

What did this decision decide?

The tenant must pay $2,155.57 in rent arrears and return the bond of $894.00 to the landlord.

What was the dispute about?

The dispute was about the tenant owing rent arrears and the need to return the bond to the landlord.

How did the court decide, and why?

The court decided in favour of the landlord because the landlord provided proof of rent arrears and the tenancy had ended.

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 proof of rent arrears and the end of the tenancy.

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 have proof of rent arrears and follow the procedures outlined in the Residential Tenancies Act.

What evidence or documents mattered?

The landlord's updated rent ledger and proof of rent arrears mattered in this decision.

Official source: Tenancy Tribunal headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Tenancy Tribunal and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.