Tenant ordered to pay rent arrears from bond
📌 In brief
The Tenancy Tribunal granted possession to the landlord and ordered the tenant to pay rent arrears from the bond after the tenancy was validly terminated on fsp; the tenant did not attend the final inspection.
⚖️ Legal holding
A tenant must pay rent arrears from the bond when the tenancy is validly terminated.
📖 Technical summary
The Tenancy Tribunal granted possession to the landlord and ordered the tenant to pay rent arrears from the bond.
📜 Headnote Official document
The Tenancy Tribunal granted possession to the landlord and ordered the tenant to pay rent arrears from the bond after the tenancy was validly terminated on 31 May 2025.
📚 Full judgment Official document
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[2025] NZTT 5241312
TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] was terminated on 31 May 2025. Possession is granted to [NAME] as agent for [NAME], on Monday 2 June 2025.
2. [NAME] must pay $1,544.86 [NAME] as agent for [NAME] from the bond calculated as shown in the table below.
Description Landlord Tenant Rent arrears to 2 June 2025 $1,517.86 Filing fee reimbursement $27.00 Total award $1,544.86
Reasons:
1. Only Mr [NAME] attended the hearing on 30 May 2025.
2. This tenancy was validly terminated on 31 May 2025 by a 90-day notice served by the landlord on the tenant.
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3. The landlord arranged with the tenant meet at the premises on Monday 2 June for a final inspection. The landlord attended but the tenant did not. The landlord found the premises open, and the keys left in the kitchen.
4. I have therefore made an order confirming the termination and possession dates.
5. The landlord has provided a rent statement to prove the rent arrears to 2 June 2025 as ordered. I have also awarded the filing fee and ordered the total award to be paid to the landlord from the bond. The remaining bond will be held by the Bond Centre.
6. The landlord sought the bond in full on the basis that there will be other claims for compensation. I cannot do that. There must be another application and the claims must be proved before more of the bond can be paid to the landlord.
R Armstrong
05 June 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 tenancy was legally ended by a 90-day notice given by the landlord to the tenant.
- The landlord provided a rent statement that proved the rent arrears up to June 2, 2025.
- The landlord was awarded the filing fee for the application.
- The tenant did not attend the hearing, so only the landlord's agent was present.
- The tenant did not meet the landlord for the final inspection and left the premises open with keys inside.
❌ Tends to be rejected
- The landlord's request for the entire bond based on potential future claims for compensation was denied.
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 from the bond and the landlord was granted possession of the property.
What was the dispute about?
The dispute was about whether the tenant owed rent arrears and whether the landlord could be granted possession of the property.
How did the court decide, and why?
The court decided that the tenancy was validly terminated and the tenant must pay rent arrears from the bond because the landlord had served a proper notice and the tenant did not attend the final inspection.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The argument that mattered most was that the landlord had served a valid termination notice and the tenant did not attend the final inspection.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they attend all inspections and respond to notices properly to avoid owing rent arrears.
What evidence or documents mattered?
The rent statement provided by the landlord was the key document used in the decision.