Tenantcheck Insights · Case study
Tenancy Tribunal case 5372261 — Rent arrears
Decided 12 Mar 2026 · Published 12 Mar 2026 · Application 5372261
- Rent arrears
Party names are redacted in the official published order. This page summarises the dispute only — not individual identities.
At a glance
Key facts from the published tribunal order.
Adjudicator
J Setefano
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and identifying details.
- The landlord’s claim for rent arrears is dismissed.
- The Bond Centre is to pay the bond of $1,350.00 ([Bond number suppressed]) to [The tenant/s] immediately.
Reasons
- This application concerns a dispute about alleged rent arrears at the end of a tenancy which concluded on 26 January 2026. The matter was first heard on 7 January 2026. At that hearing the representative for the landlord, Barfoot & Thompson, submitted that rent arrears owing up to the end of the tenancy amounted to $2,485.71. The tenant disputed that any rent arrears were owed.
- Because the rent arrears were disputed and the evidence before the Tribunal was incomplete, the matter was adjourned to allow the parties to exchange and review relevant documentation, including rent records. The matter was reconvened for a hearing today. Both parties attended the reconvened hearing. Legal Framework
- Section 40(1)(a) of the Residential Tenancies Act 1986 provides that a tenant must pay the rent when it becomes due. Where a landlord alleges that rent arrears exist, the landlord must establish that claim on the balance of probabilities.
- Section 30 of the Residential Tenancies Act 1986 requires a landlord to keep proper records of all rent received during the tenancy. These records must be sufficient to demonstrate the rent payable, payments received, and any arrears that may exist. In disputes regarding rent arrears, the Tribunal ordinarily expects the landlord to provide a complete and reliable rent ledger covering the relevant period of the tenancy. This may include bank records or other corroborating evidence where necessary.
- The evidential onus rests with the landlord as the applicant to prove the existence and amount of any rent arrears. A tenant disputing the claim is not required to disprove the landlord’s case unless and until a credible evidential foundation has first been established by the landlord. Evidence and Submissions
- At the reconvened hearing, Barfoot & Thompson produced an updated rent summary which recorded that $745.71 remained owing as at 26 January 2026. This revised figure differed from the amount originally claimed at the earlier hearing.
- The tenant continued to dispute that any rent arrears were owing.
- The landlord submitted that the arrears arose in approximately September 2025. The tenant expressed frustration at this explanation, stating that earlier discussions with the landlord had suggested the alleged arrears arose earlier in the tenancy.
- A significant difficulty with the landlord’s evidence is that the rent summary provided to the Tribunal only records rent transactions from 30 October 2022. However, the tenancy application indicates that the tenancy commenced around 27 April 2019. The tenant suggested the tenancy may have commenced even earlier.
- I asked the landlord why a complete rent record from the beginning of the tenancy had not been provided. The landlord explained that they took over management of the property part way through the tenancy. They stated that earlier records may be held by a previous property management company based in Ponsonby. The landlord also said that they understood the property had originally been managed by the owner before the property was later sold.
- The tenant disputed this explanation and maintained that the property remained owned by the original owners.
- Regardless of the ownership history, the central issue is that a complete rent record covering the full tenancy period has not been provided. Assessment
- Where a landlord applies for rent arrears, the Tribunal expects the landlord to provide a complete rent ledger from the start of the tenancy. This remains the landlord’s obligation even where property management has changed during the tenancy.
- If earlier records are held by a previous property manager or owner, it is the responsibility of the current landlord or their agent to obtain those records before pursuing a claim for rent arrears. Without a full rent history, the Tribunal is unable to reliably determine whether arrears exist and, if so, how they arose.
- The landlord suggested that if the tenant disputed the arrears, the tenant should provide bank statements to demonstrate rent payments. I reminded the landlord that the onus rests on the landlord, as the applicant, to prove the claim. The tenant is not required to produce financial records to disprove a claim that has not first been properly established.
- This matter was previously adjourned in January 2026 specifically to allow the parties to provide further evidence. The landlord therefore had a clear opportunity to obtain and produce a complete rent record for the duration of the tenancy. Despite that opportunity, the landlord has only provided partial records beginning in October 2022 and was unable to confirm whether the earlier records could be obtained.
- Given the conflicting explanations about when the alleged arrears arose and the absence of a complete rent ledger, there is insufficient evidence before the Tribunal to establish that rent arrears were owed at the end of the tenancy.
- The Tribunal is not prepared to adjourn the matter again to allow the landlord a further opportunity to obtain evidence, particularly when the landlord was unable to confirm that the missing information could in fact be obtained. Proper rent records should have been available and produced when the claim was first brought.
- On the evidence before me, the landlord has not discharged the evidential burden required to prove the existence or amount of rent arrears. Bond
- As the claim for rent arrears has not been established, there is no basis to retain the bond.
- The bond of $1,350 is to be refunded to the tenant. Rehearing
- For completeness, I note that the landlord retains the ability to file an application for rehearing if grounds exist under the Residential Tenancies Act 1986. However, the mere availability of rent records that should have been produced at the hearing will not ordinarily constitute sufficient grounds for a rehearing. Name Suppression
- As the landlord has not been successful in establishing the claim for rent arrears, I consider it appropriate to suppress the tenant’s name and identifying details.
- Under section 95 of the Residential Tenancies Act 1986, the Tribunal may suppress identifying details where it is satisfied that publication would be unfair to a party. Where a claim against a tenant has not been proven, publication of the tenant’s name in connection with alleged rent arrears may cause unfair prejudice. Tribunal orders are publicly searchable and may be relied upon by future landlords or screening agencies.
- In circumstances where the landlord’s claim has been dismissed due to insufficient evidence, publication of the tenant’s name could create an inaccurate impression that the tenant was responsible for rent arrears. Suppression is therefore necessary to avoid unfair reputational harm.
- For those reasons, the tenant’s name and identifying details are suppressed.