Tenant ordered to pay rent arrears and warrant fees

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[2025] NZTT 5105616

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [COMPANY] $2,222.85 immediately, calculated as shown in the table below.

2. For the avoidance of any doubt the landlord is entitled to the $2,040 bond and if the [COMPANY] has not paid it to the landlord, it must do so immediately.

Description Landlord Tenant Rent arrears to 13 March 2025 $3,977.85 Warrant of Possession $258.00 Filing fee reimbursement $27.00 Total award $4,262.85 Less bond $2,040.00 Total payable by Tenant to Landlord $2,222.85

Reasons:

1. The hearing was conducted by telephone. [NAME] for the landlord attended. The Tribunal made two calls to the tenant at the time of the hearing. Both went to voicemail. I was satisfied that the tenant received proper notice of the hearing and so I proceeded with it.

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Background

2. The landlord applied for termination of the tenancy for rent arrears, payment of the arrears and payment of the bond.

3. The tenant did not attend the initial hearing and the Tribunal made an order terminating the tenancy, for payment of the bond to the landlord and rent arrears.

4. The tenant applied for a rehearing which was granted. The order provided that unless the tenant paid the weekly rent as it fell due, the tenancy would be terminated, and possession given to the landlord.

5. The tenant did not pay the rent and so the conditional order for termination and possession took effect.

6. The landlord applied for a warrant of possession and there is a bailiff’s appointment on 13 March at which possession of the premises will be given to the landlord. The landlord paid a $258 fee for the warrant.

7. [NAME] said that the landlord has not received the bond. After the hearing ended, I called the [COMPANY] which confirmed that bond in the sum of $2,040 was paid to the landlord. If the landlord cannot locate receipt of the bond, it should contact the [COMPANY] to check the position.

ORDER

8. There is no need to make a termination order because that has been done.

9. The landlord provided rent records which prove the amount owing to the date of the bailiff’s appointment on 13 March 2025 and so I have made an order for payment of those arrears.

10. I have also ordered payment of the fee for the warrant of possession for convenience of enforcement.

11. The landlord has succeeded and so I have awarded it the filing fee.

[NAME]

11 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: