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AllowedTenancy Tribunal·

Tribunal Orders Landlord to Pay Rent Arrears From Bond

Case No.

📌 In brief

The Tenancy Tribunal ruled that the landlord must pay $652.71 from the bond to the tenant for unpaid rent and a filing fee. This decision was based on the landlord's provision of rent records proving the amount owed.

⚖️ Legal holding

A tenant is entitled to have rent arrears paid from the bond if supported by rent records.

Topics

rent arrearsbond payments

Provisions

📖 Technical summary

The Tribunal ordered the landlord to pay rent arrears from the bond.

📜 Headnote Official document

The Tenancy Tribunal ordered the landlord to pay $652.71 from the bond to the tenant for rent arrears and filing fee reimbursement, as supported by rent records provided by the landlord.

📚 Full judgment Official document

__________________________________________________________________________________ 5236900 1

[2025] NZTT 5236900

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: Room C, [ADDRESS], [POSTCODE]

ORDER

1. The [COMPANY] is to pay $652.71 from the bond of $1,040.00 (6074069-006) to [COMPANY] As Agent For [NAME] immediately as shown in the table below.

Description Landlord Tenant Rent arrears (to 27 May 2025) $625.71 Filing fee reimbursement $27.00 Total award $652.71 Bond $652.71 $387.29

2. The balance of the bond of $387.29 is to remain at the [COMPANY].

Reasons:

1. Both parties attended the hearing.

2. The tenancy has ended.

3. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.

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4. Payment is to be made from the bond. The balance of the bond is to remain at the [COMPANY] for the time being.

5. As the landlord was the successful party, I have awarded reimbursement of the Tribunal application fee.

R Morgan

10 June 2025

__________________________________________________________________________________ 5236900 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 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/

__________________________________________________________________________________ 5236900 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:

⚖️ What tends to weigh in cases like this

✅ Tends to be accepted

  • The landlord provided rent records proving the amount owed.
  • The tenant attended the hearing, allowing both sides to present their case.
  • The rent arrears were supported by clear documentation, making them valid for payment from the bond.
  • The landlord requested reimbursement for the filing fee, which was granted by the tribunal.
  • The tenancy had ended, allowing for the resolution of outstanding issues such as rent arrears.

❌ Tends to be rejected

  • The decision does not indicate any arguments from the tenant that were unsuccessful.
  • There are no details of rejected claims or defenses by the tenant in the given text.

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 landlord to pay $652.71 from the bond to the tenant for rent arrears and filing fee reimbursement.

What was the dispute about?

The dispute was about whether the landlord should pay rent arrears from the bond to the tenant.

How did the court decide, and why?

The court decided in favour of the tenant, ordering the landlord to pay from the bond because the landlord provided rent records proving the amount owing.

Which laws or rules were applied?

The Residential Tenancies Act 1986, section 54 was applied.

What was the argument that mattered most?

The argument that mattered most was the landlord's provision of rent records proving the amount of rent arrears owed.

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

The decision was for the tenant who brought the case.

What does this mean for someone in a similar situation?

For someone in a similar situation, if they can provide proof of rent arrears through rent records, they may be able to recover the amount from the bond.

What evidence or documents mattered?

The rent records provided by the landlord mattered in this decision.

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.
Tribunal Orders Rent Arrears Paid From Bond | VadeLab