Tenant Owes Rent Arrears After Tenancy Termination
📌 In brief
The Tenancy Tribunal ended the tenancy by mutual agreement and ruled that the tenant must pay the landlord $2,309.14, including rent arrears and filing fees.
⚖️ Legal holding
A tenant is required to pay rent arrears and other outstanding debts to the landlord upon termination of the tenancy.
📖 Technical summary
The tenancy was terminated by consent, and the tenant owes the landlord $2,309.14.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy by consent and ordered the tenant to pay rent arrears and other outstanding debts to the landlord.
📚 Full judgment Official document
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[2025] NZTT 5078688
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. By consent the tenancy of [NAME] and [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], at 11:59pm on 7 March 2025.
2. The Bond Centre is to pay the bond of $1,000.00 (3394063-016) to [COMPANY] immediately.
3. [NAME] and [NAME] must pay [COMPANY] $2,309.14 calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 7/3/25 $3,282.14 Filing fee reimbursement $27.00 Total award $3,309.14 Bond $1,000.00 Total payable by Tenant to Landlord $2,309.14
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Reasons:
1. The landlord attended the hearing represented by [NAME].
2. The tenants did not attend and did not answer the calls made to their phones during the hearing. They had been notified of the hearing by letter and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in their absence.
3. The landlord initially applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.
4. Since the application was filed however the tenants have given notice to terminate the tenancy pursuant to section 51(2A) of the RTA. Accordingly, the order to terminate the tenancy is made by consent.
5. The tenants are encouraged to engage with their landlord regarding the last days of the tenancy to ensure that process runs smoothly.
How much does the tenant owe?
6. The landlord provided rent records which prove the amount that will be owing at the end of the tenancy.
7. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
8. The bond is to be paid to the landlords in part payment of the debt.
K Lash
28 February 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 rent records proving the amount owed.
- The tenants did not attend the hearing and did not respond to calls.
- The tenants gave notice to terminate the tenancy, allowing the termination by consent.
- The filing fee was reimbursed to the landlord.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated by consent, and the tenant must pay the landlord $2,309.14.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and other outstanding debts.
How did the court decide, and why?
The court decided by consent, acknowledging that the tenant had given notice to terminate the tenancy and owed rent arrears.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 51(2A) and 92 were applied.
What was the argument that mattered most?
The most important argument was that the tenant had failed to pay rent arrears and other outstanding debts.
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 all rent arrears and other debts before terminating the tenancy.
What evidence or documents mattered?
The rent records provided by the landlord proved the amount owing at the end of the tenancy.