Landlord's Termination Application Dismissed
📌 In brief
The Tenancy Tribunal dismissed the landlord's request to end the tenancy agreement because the tenant had fixed the issues within the given time frame. However, the tenant was ordered to pay back rent and other debts.
⚖️ Legal holding
A tenant is entitled to avoid termination of their tenancy if they remedy breaches within the required timeframe.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if one party has broken the tenancy agreement or the Act. However, if the breach can be fixed, the other party must first be given a notice explaining the problem and at least 10 working days to fix it.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal dismissed the landlord's application for termination of the tenancy but ordered the tenant to pay rent arrears and other debts.
📜 Headnote Official document
The Tenancy Tribunal dismissed the landlord's application for termination of the tenancy after the tenant remedied the breach within the required timeframe. The Tribunal ordered the tenant to pay rent arrears and other debts.
📚 Full judgment Official document
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[2025] NZTT 5098710
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat C, [ADDRESS], [POSTCODE]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
2. [NAME] owes [The landlord/s] $1,252.24 (“the debt”), calculated as shown in the table below.
Description Landlord Tenant Rent arrears to 18 March 2025 $631.48 Water rates $83.76 Filing fee reimbursement $27.00 Total award $742.24 Total payable by Tenant to Landlord $742.24
3. [NAME] must pay rent and the debt as follows:
a. By 1 weekly payments of $610.00, being $510.00 for rent and $100.00 for the debt, to be paid on Thursday, 20 March 2025.
b. A final payment of $1,152.24, being $510.00 for rent and $642.24 for the debt, to be paid on Thursday, 27 March 2025.
4. The landlord’s application for termination is dismissed.
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Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, outgoings and reimbursement of the filing fee.
3. As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.
TERMINATION
4. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986 (RTA).
5. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
6. The landlord claims the tenant has breached their obligations by failing to pay rent when due. The landlord submitted a rent summary, which proves this to be the case. This is a breach that is capable of remedy.
7. On 28 November 2024, the landlord sent the tenant a 14-day notice requiring the tenant to pay $671.99 in rent arrears by 12 December 2024. The tenant complied with the terms of this notice and paid the landlord $925.00 on 9 December 2024.
8. As the tenant remedied the breach within the relevant time period, I cannot terminate the tenancy under section 56(1) RTA.
9. Rent arrears are $704.33 (9 days) up to the date of the hearing. That is less then 21 days and therefore, I cannot terminate the tenancy under section 56(2) RTA either.
10. The landlord’s claim for termination of the tenancy is dismissed.
RENT ARREARS & WATER RATES
11. The landlord submitted a rent summary, which proves that rent arrears are $631.48 up to 18 March 2025.
12. The landlord also submitted invoices from Watercare, which prove the tenant owes $83.76 in outstanding water rates.
13. The tenant did not dispute the fact that they were in rent arrears or owed money for outstanding water rates. The tenant gave evidence that they work as a
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contractor and do not get paid as much during the school holidays. This is the reason they have fallen slightly behind in their payment of rent and water rates.
14. Both parties agreed upon a payment plan for the tenant to pay rent, rent arrears, outstanding water rates and the filing fee. The terms of this payment plan are recorded in the Order above.
FILING FEE
15. Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
[NAME] 19 March 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 tenant remedied the breach of rent arrears within the required 14-day period.
- The tenant provided a reasonable explanation for the slight delay in payments due to seasonal income fluctuations.
- Both parties agreed on a payment plan for rent, arrears, water rates, and the filing fee.
❌ Tends to be rejected
- The landlord attempted to terminate the tenancy based on rent arrears and breaches, but failed to show that the breaches were not remedied within the required timeframe.
- The landlord claimed the tenant owed rent arrears and other fees but did not succeed in proving that termination was necessary under the Residential Tenancies Act.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal dismissed the landlord's application for termination of the tenancy but ordered the tenant to pay rent arrears and other debts.
What was the dispute about?
The dispute was about whether the tenant had breached the tenancy agreement by not paying rent on time and whether the landlord could terminate the tenancy.
How did the court decide, and why?
The court decided to dismiss the landlord's application for termination because the tenant had remedied the breach within the required timeframe.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 56(1) and 56(2) were applied.
What was the argument that mattered most?
The most important argument was that the tenant had remedied the breach within the required timeframe, thus preventing termination of the tenancy.
Was the decision for or against the person who brought the case?
The decision was against the landlord who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, if they remedy a breach within the required timeframe, they may prevent the termination of their tenancy.
What evidence or documents mattered?
The rent summary and invoices from Watercare mattered in proving the rent arrears and outstanding water rates.