Tenants Must Pay Rent Arrears and Joint Liability for Bills

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[2025] NZTT 5197111

TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME], and [NAME] (the Tenants) must pay [COMPANY] (the Landlord) the sum of $6,551.54, representing rent arrears $6,524.54 as at 6 June 2025, and filing fee of $27.00.

2. The Tenants must pay the total amount of $6,551.54 in four instalments of $1,637.89 each, with payments to commence on 13 June 2025 and continue weekly thereafter. These payments are in addition to the usual weekly rent of $795.00.

3. Tenant [NAME] consents to pay the outstanding [NAME] bill of $779.00 by 11:59pm, 6 June 2025 on behalf of all the Tenants.

Reasons:

1. All parties were properly served with a Notice of Hearing. The Landlord’s directors attended the Hearing; however, only [NAME] and his 20- year-old son, [NAME], appeared from the six named Tenants. It is understood that another named tenant, [NAME], has resided in

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Australia since 23 February 2025; nevertheless, she was also properly served but did not attend the Hearing or communicate with the Registry beforehand.

2. The Landlord applied for rent arrears and provided rent records, which substantiate the amount owed. This amount is not disputed.

3. The Landlord accepted the explanation given by the attending tenants, [NAME] and [NAME], that the other tenants have not been paying their share or forwarding their full contributions, and that they would follow up with them. However, it was explained to and understood by all present that the Tenants are jointly and severally liable under the Tenancy Agreement.

4. For these reasons and given that all Tenants were properly served with the Notice of Hearing yet failed to attend, the application by [NAME] near the end of the Hearing for an adjournment to allow the other tenants to attend was declined.

5. While the Landlord initially sought immediate payment of the rental arrears, considering the otherwise excellent tenancy and the pending termination under a 90-day notice, the Landlord agreed to accept payment in four instalments, which the Tribunal orders accordingly.

6. The Landlord raised several questions regarding enforcement and potential issues relating to the upcoming end of the tenancy. The Tribunal recommends that the parties seek appropriate advice, including from publicly available resources as advised during the Hearing.

7. The Tribunal acknowledges and thanks the parties who attended today’s Hearing for their considered and respectful conduct and further recognises the difficulties they are facing in this matter.

[NAME]

09 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 [NAME]/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 [NAME]/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.[NAME]/disputes/enforcing-decisions https://www.[NAME]/disputes/enforcing-decisions http://www.[NAME]/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: [NAME]/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].

Reasons: