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 after vacating the premises early. This decision was based on the tenant's failure to fulfill their obligations under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is required to pay rent arrears and return the bond upon vacating the premises early.
📖 Technical summary
The Tenancy Tribunal awarded the landlord rent arrears and bond repayment.
📜 Headnote Official document
The Tenancy Tribunal ruled that the tenant must pay rent arrears and return the bond after vacating the premises early. The landlord successfully claimed these amounts due to the tenant's failure to fulfill their obligations under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5088388
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] [NAME] $2,827.00 immediately, calculated as shown in table below.
2. [COMPANY] is to pay the bond of $2,800.00 (5477428004) to [COMPANY] [NAME] immediately.
Description Landlord Tenant Rent arrears to 6.2.25 $5,600.00 Filing fee reimbursement $27.00 Total award $5,627.00 Bond $2,800.00 Total payable by Tenant to Landlord $2,827.00
Reasons:
1. The landlord attended the hearing via remote teleconference. An attempt was made to contact the tenant on the telephone number provided however this was unsuccessful.
2. The landlord has applied for rent arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
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How much is owed for rent?
3. The tenancy was fixed for two years from 26 April 2024. The landlord confirmed during the hearing that the tenant vacated the premises early on 6 February 2025. The landlord secured a new tenant who moved in on 7 February 2025. The landlord claims rent arrears to 6 February 2025.
4. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted this evidence I am satisfied that the tenant is responsible for this debt.
5. The claim for rent arrears is proven.
6. [COMPANY] [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
7. The landlord confirmed during the hearing that they are no longer seeking name suppression.
[NAME]
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 proved the amount of rent owed with rent records.
- The tenant vacated the premises early, ending the fixed-term tenancy before its scheduled date.
- The landlord successfully found a new tenant to move in the day after the previous tenant left.
- The landlord's claim for rent arrears was proven.
- The landlord succeeded with the claim, so the filing fee was reimbursed.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay rent arrears and return the bond.
What was the dispute about?
The landlord claimed rent arrears and bond repayment after the tenant vacated the premises early.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant failed to fulfill their obligations under the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The landlord argued that the tenant was responsible for rent arrears and returning the bond.
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 fulfill their obligations under the Residential Tenancies Act 1986.
What evidence or documents mattered?
The landlord provided rent records proving the amount owing at the end of the tenancy.