Tenant Ordered to Pay Rent Arrears Weekly - Tenancy Tribunal Decision
📌 In brief
The Tenancy Tribunal ordered a tenant to pay rent arrears in weekly installments of $20, starting April 9th, after the tenant failed to pay rent on the correct day, resulting in arrears. The decision was made during a hearing where both parties attended by telephone.
⚖️ Legal holding
A tenant must pay rent arrears in weekly installments if they fail to pay rent on the correct day.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears in weekly installments.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears in weekly installments of $20, starting April 9th, after the tenant failed to pay rent on the correct day, resulting in arrears.
📚 Full judgment Official document
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[2025] NZTT 5170532
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] Devi
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. The tenant must pay the debt at the rate of $20.00 per week.
2. The first payment must be made on Wednesday 9 April 2025 and payments must continue every Wednesday until the debt is paid in full.
3. If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
Description Landlord Tenant Rent arrears to 9 April 2025 $488.57 Total award $488.57 Total payable by Tenant to Landlord $488.57
Reasons:
1. Both parties attended the hearing by telephone.
2. The tenant has been in arrears because he has paid rent on Thursday instead of Friday. Payment of these arrears will mean that the tenant will not be in
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arrears when he pays each Wednesday which is what he plans to do going forward.
3. The debt will be paid at $20 each week in addition to his weekly rent of $570 paid on Wednesdays.
N Walker
08 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 tenant agreed to pay the rent arrears in weekly installments.
- The tenant planned to pay rent on Wednesdays going forward.
- The tenant had been paying rent on Thursdays instead of Fridays, causing arrears.
❌ Tends to be rejected
- The tenant argued that paying rent on Thursdays should be acceptable.
- The tenant suggested paying the full amount in one lump sum rather than weekly installments.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the tenant to pay rent arrears in weekly installments of $20, starting April 9th.
What was the dispute about?
The dispute was about the tenant's failure to pay rent on the correct day, resulting in rent arrears.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears in weekly installments because the tenant had been paying rent on the wrong day, causing arrears.
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 tenant had been paying rent on the wrong day, leading to arrears.
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 pay rent on the correct day to avoid rent arrears and potential legal action.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that were considered.