Rent Arrears Lead to Termination of Tenancy - Tenancy Tribunal Decision
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant owed significant rent arrears. The landlord showed that the rent was at least 21 days overdue when the application was filed, leading to the termination of the tenancy under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is liable for rent arrears if they are in arrears for at least 21 days when the application is filed.
📖 What the law says
This section states that the Tenancy Tribunal must end a tenancy if the landlord applies and can show that the rent was at least 21 days overdue when the application was submitted. It also allows for termination if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to significant rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to significant rent arrears. The landlord proved that the rent was at least 21 days in arrears when the application was filed, leading to the termination of the tenancy under Section 55(1)(a) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5206371 1
[2025] NZTT 5206371
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Puriri, RD 1, Thames 3578
ORDER
1. The tenancy of [NAME] and [NAME] at [ADDRESS], Puriri, RD 1, Thames 3578 is terminated, and possession is granted to [COMPANY] As Agent For [NAME], at 11:59pm Sunday 27 April 2025.
2. The Bond Centre is to pay the bond of $500.00 (3373449-006) to [COMPANY] As Agent For [NAME] immediately.
3. [NAME] and [NAME] must pay [COMPANY] As Agent For [NAME] $10,472.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 27.4.25 $10,945.00 Filing fee reimbursement $27.00 Total award $10,972.00 Bond $500.00 Total payable by Tenant to Landlord $10,472.00
__________________________________________________________________________________ 5206371 2
Reasons:
1. The landlord and the tenant [NAME] attended the hearing via remote teleconference. There was no attendance by the tenant [NAME].
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
3. Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
4. The landlord provided rent records which prove the amount owing at the end of the tenancy. The rent arrears are significant. The tenant [NAME] moved out of the property on or about 9 March 2025 and as a named tenant on the Tenancy Agreement I am satisfied that he is jointly liable for the rent debt.
5. The tenancy was privately managed by the owner up to 20 February 2025. The current landlord, [COMPANY], provided two rent ledgers confirming the current rent arrears. The first ledger covered the period up to 23 February 2025. The second ledger covered the period up to and including 27 April 2027. Having sighted both ledgers I am satisfied that the tenants are responsible for the rent debt.
6. The claim for rent arrears is proven.
7. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
22 April 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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant was in rent arrears for at least 21 days when the application was filed.
- The landlord provided rent records proving the amount of rent owed.
- The tenant moved out on or about March 9, 2025, and is jointly liable for the rent debt.
- Two rent ledgers confirmed the current rent arrears.
❌ Tends to be rejected
- The tenant did not attend the hearing to dispute the claims.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated due to significant rent arrears.
What was the dispute about?
The dispute was about whether the tenant owed significant rent arrears and if the tenancy should be terminated.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days in arrears when the application was filed.
Which laws or rules were applied?
Section 55(1)(a) of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The argument that mattered most was proving that the rent was at least 21 days in arrears when the application was filed.
Was the decision for or against the person who brought the case?
The decision was for the landlord who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, significant rent arrears can lead to the termination of their tenancy.
What evidence or documents mattered?
The rent records provided by the landlord mattered as they proved the amount of rent arrears.