Tenant Ordered to Pay Rent Arrears Despite Fault Claim
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and the landlord to return the bond. The tenant argued that the landlord's fault for a broken lock prevented her from finding a new boarder and paying rent. However, the Tribunal found the landlord's rent summary reliable and awarded the arrears to the landlord.
⚖️ Legal holding
A tenant must pay rent arrears despite claiming the landlord's fault for non-payment.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a landlord's notice to end a tenancy if the tenant believes the landlord gave the notice because the tenant complained or used their rights.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay arrears and the landlord to return the bond.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and the landlord to return the bond. The tenant claimed the landlord's fault for non-payment due to a broken lock, but the Tribunal found the landlord's rent summary reliable and awarded the arrears to the landlord.
📚 Full judgment Official document
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[2025] NZTT 5146608
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE], Parkland Flats
ORDER
1. [NAME] to pay [NAME] 4,199.00 immediately, being arrears of $6,499.00 (to 23 March 2025) less the bond of $2,300.00.
2. [COMPANY] to pay the full bond to [NAME], immediately.
Reasons:
1. At the hearing, the Tenant claimed to have emails showing she asked the Landlord to replace a broken bedroom door lock. She fell into arrears in December and stopped paying rent later that month. The Tenant says her boarder stopped paying rent, refused to leave, and she could not prevent his access due to the broken lock. As a result, she was unable to find a new boarder and ceased paying rent. She claimed she should not be required to pay the full rent because the Landlord contributed to their own loss.
2. I gave the parties seven (7) days to file submissions and further evidence, before I determined the matter finally, on the papers.
3. The Landlord complied with my directions. The Tenant did not comply. These directions were made for her benefit.
4. I have proceeded to finalise the matter.
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5. The Landlord has provided an up-to-date rent summary which proves the amount of rent owed. I find, on the evidence before me, from the Landlord and the property manager, that the Tenant strung along the Landlord and tried to keep the tenancy open for associates who required bail addresses. The Tenant had left the property but represented that she had not abandoned the tenancy.
6. The Tenant has not provided her bank records and I find the Landlord’s summary is, on balance, a reliable record of the Tenant’s payment and the rent arrears, which I award to the Landlord.
Corrigendum
7. I have updated the rent arrears to record arrears up to 23 March 2025, which is the point up to which the Tenant purported to secure the premises for her own occupancy, or the occupancy of her associates.
[NAME]
10 April 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 an updated rent summary that proved the amount of rent owed.
- The tenant tried to keep the tenancy open for associates who needed bail addresses.
- The landlord's rent summary was considered a reliable record of the tenant's payments and arrears.
- The tenant purported to secure the premises for her own occupancy or her associates' occupancy up to March 23, 2025.
❌ Tends to be rejected
- The tenant did not provide her bank records to support her claims.
- The tenant's claim that the landlord contributed to their own loss was not accepted.
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 the landlord to return the bond.
What was the dispute about?
The tenant claimed the landlord's fault for a broken lock prevented her from paying rent.
How did the court decide, and why?
The court decided the landlord's rent summary was reliable and awarded the arrears to the landlord.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The reliability of the landlord's rent summary was the central reasoning.
Was the decision for or against the person who brought the case?
The decision was against the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they provide reliable evidence to support their claims.
What evidence or documents mattered?
The landlord's rent summary and the property manager's evidence mattered.