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AllowedTenancy Tribunal·

Tenants Ordered to Pay Rent Arrears and Fees

Case No. [2026] NZTT 5488069

📌 In brief

The Tenancy Tribunal ruled that tenants must pay $3,152.81 in rent arrears and fees to the landlord. The decision was based on the correct service of a notice of rent increase under the Residential Tenancies Act 1986.

⚖️ Legal holding

A tenant is required to comply with correctly served notices of rent increases under the Residential Tenancies Act 1986.

Topics

rent arrearscorrect service of notice

Provisions

📖 What the law says

Residential Tenancies Act 1986 s.54

This rule allows a tenant to ask the Tenancy Tribunal to cancel a notice ending their tenancy if they believe the landlord gave the notice because the tenant exercised their rights or made a complaint. The tenant must apply within 14 working days of receiving the notice.

Residential Tenancies Act 1986 s.55

This rule states that the Tenancy Tribunal must end a tenancy if the landlord applies and can show that the rent is at least 21 days overdue, or the tenant has caused or threatened significant damage to the property, or the tenant has assaulted or threatened the landlord or related individuals.

Plain-English explanation — does not replace advice from a lawyer.

📖 Technical summary

The Tenancy Tribunal ordered tenants to pay rent arrears and a fee, with conditions for non-compliance.

📜 Headnote Official document

The Tenancy Tribunal ordered tenants to pay rent arrears and a fee, finding that the landlord correctly served the notice of rent increase. The order includes conditions for non-compliance.

📚 Full judgment Official document

OUTCOME: Allowed

__________________________________________________________________________________ 5488069 1

[2026] NZTT 5488069

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [RESPONDENT] and [RESPONDENT] owe [NAME] $3,152.81 being rent arrears of $3,124.81 for the period ending Thursday 4 June 2026 and the Tribunal application fee of $28.00 (“the debt”).

2. [RESPONDENT] and [RESPONDENT] must pay debt in full to [RESPONDENT] and [NAME] on or before Friday 19 June 2026. This payment is in addition to normal fortnightly rent of $900.00. The next payment of normal rent is due on Friday 5 June 2026 and payment must continue on or before every second Friday.

3. Any payments made will first be credited to the normal fortnightly rent, then to the rent arrears, and then to the application fee.

4. Failure to pay to pay the normal fortnightly rent and the rent arrears as set out in order 2 within two working days of the due date(s) will result in termination of the tenancy with possession returning to the landlord and all monies still owing will be payable immediately. This order applies until the debt is paid in full.

5. Failure to pay the application fee within two working days of the due date with result in the application fee being payable immediately.

__________________________________________________________________________________ 5488069 2

Reasons:

1. Both parties attended the hearing. [NAME] from [RESPONDENT] represented the landlord, [NAME] ([NAME]). I am satisfied that [NAME] had the authority of [NAME] to represent it. Ms [RESPONDENT] also attended and was assisted by [NAME].

2. Ms [RESPONDENT] was more than 21 days in arrears with rent on the date of the application. This means that the landlord is entitled to an order terminating the tenancy: s 55(1) of the Residential Tenancies Act 1986.

3. The arrears arose due to an increase in the rent to $900 per fortnight with effect from 13 February 2026. Ms [RESPONDENT] disputes liability to pay the increased rent because the notice of the rent increase issued on 10 December 2025 was not served correctly on her. The notice was sent to her by email and couriered to both the tenancy address and the address for service provided in the tenancy agreement. Ms [RESPONDENT] claims that she did not receive the couriered notices however she accepts that she received the notice emailed to her on 10 December. I am therefore satisfied that that the notice was correctly served and the rent increase is valid.

4. The landlord sought immediate termination of the tenancy. However, given the particular circumstances here I consider it appropriate to give Ms [RESPONDENT] a short period of time to pay the arrears to avoid her tenancy ending.

5. The conditional termination order will lapse if it is fully complied with. If Ms [RESPONDENT] breaches the order, the possession order may be enforced for 90 days from the first breach: section 64(4)(b) Residential Tenancies Act 1986.

[NAME]

04 June 2026

__________________________________________________________________________________ 5488069 3

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, or the failure to make an order, where the amount in dispute on appeal is

less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is 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/

__________________________________________________________________________________ 5488069 4

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:

📊 How courts decide similar cases

Among 12 similar decisions in this collection:

A snapshot of this collection — not a prediction of your case's outcome.

⚖️ What tends to weigh in cases like this

✅ Tends to be accepted

  • Tenant complies with correctly served notices of rent increases.
  • Landlord is entitled to recover unpaid rent and filing fees if tenant does not appear in court.
  • Tenant must comply with payment obligations or face termination of tenancy.
  • Tenant is liable for rent arrears, cleaning costs, and repairs if they do not comply with their obligations at the end of a tenancy.
  • Tenant is required to pay outstanding rent arrears and any applicable filing fees when found liable.

Patterns observed in similar cases in this collection — every case is unique.

❓ Frequently asked questions

What did this decision decide?

The tenants were ordered to pay $3,152.81 in rent arrears and fees.

Who was involved?

A landlord represented by Colliers New Zealand Limited and two tenants.

How did the court decide, and why?

The court found that the notice of rent increase was correctly served to the tenants.

Which laws or rules were applied?

Residential Tenancies Act 1986 sections 54 and 55(1).

What was the argument that mattered most?

The correctness of the service of the notice of rent increase.

Was the decision for or against the person who brought the case?

For the landlord.

What does this mean for someone in a similar situation?

Tenants must comply with correctly served notices of rent increases to avoid arrears and potential eviction.

What evidence or documents mattered?

The notice of rent increase sent by email and couriered to the tenants' address.

Can a decision like this be appealed?

Yes, but only if there is substantial wrong or miscarriage of justice within five working days.

Is it worth getting a lawyer for a case like this?

It's advisable to seek legal advice from a qualified lawyer.

Official source: Tenancy Tribunal headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Tenancy Tribunal and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.