Tenant ordered to pay rent arrears and return bond - Tenancy Tribunal ruling
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $291.28 to cover rent arrears and return a bond of $750.00 to the landlord after the tenancy ended. The decision was based on the Residential Tenancies Act 1986, section 54.
⚖️ Legal holding
A tenant is required to pay rent arrears and return the bond to the landlord upon termination of the tenancy.
📖 Technical summary
The claimant successfully recovered rent arrears and a bond from the respondent.
📜 Headnote Official document
The Tenancy Tribunal ruled that the tenant must pay rent arrears of $1,014.28 and return a bond of $750.00 to the landlord upon termination of the tenancy. The decision was based on the Residential Tenancies Act 1986, section 54.
📚 Full judgment Official document
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[2025] NZTT 5142589
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room 8, [ADDRESS], [POSTCODE], Level 1
ORDER
1. [NAME] must pay [COMPANY] As Agent For [COMPANY] $291.28 immediately, calculated as shown in table below:
Description Landlord Tenant Rent arrears $1,014.28 Filing fee reimbursement $27.00 Total award $1,041.28 Bond $750.00 Total payable by Tenant to Landlord $291.28
2. The Bond Centre is to pay the bond of $750.00 (5941632-012) to [COMPANY] As Agent For [COMPANY] immediately.
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Reasons:
1. The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
2. The tenancy has ended. The landlord sought vacated rent arrears and the bond. A previous agreement for this between the parties did not formalise.
3. The landlord provided a rent summary that established the rent owing as at 18 January 2025 as $1,014.28. This is proven and awarded.
4. [COMPANY] As Agent For [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
M Brennan
28 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 provided a rent summary proving $1,014.28 was owed.
- The landlord successfully requested the bond of $750.00 be returned.
- The filing fee of $27.00 was reimbursed to the landlord.
❌ Tends to be rejected
- The tenant did not provide any counter-evidence or arguments.
- The tenant did not respond to the calls or messages from the tribunal.
- The tenant did not attend the hearing conducted via teleconference.
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 $291.28 to cover rent arrears and return a bond of $750.00 to the landlord.
What was the dispute about?
The dispute was about the tenant's obligation to pay rent arrears and return 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 was required to return the bond according to 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 argument that mattered most was that the tenant owed rent arrears and was required to return the bond upon termination of the tenancy.
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 to the landlord when the tenancy ends.
What evidence or documents mattered?
The rent summary provided by the landlord was the key evidence used in the decision.