Rent Arrears Result in Tenancy Termination
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant couldn't keep up with agreed repayment plans for overdue rent. This resulted in the termination of the tenancy and the eviction of the tenant.
⚖️ Legal holding
A tenant's failure to meet agreed repayment arrangements can lead to termination of the tenancy.
📖 What the law says
This rule states that a Tenancy Tribunal must end a tenancy if the rent was at least 21 days overdue when the landlord applied to the Tribunal. It also allows termination for substantial damage to the property or assault/threats against the landlord or their family/agents.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears, as the tenant failed to meet agreed repayment arrangements. The decision was based on Section 55(1)(a) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5165958 1
[2025] NZTT 5165958
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [NAME] $2,550.00 immediately, being rent arrears to 7 March 2025.
2. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated and possession granted to [NAME] on Friday, 14 March 2025 at 12pm.
Reasons:
1. Both parties attended the hearing by phone.
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: s 55(1)(a) Residential Tenancies Act 1986.
4. The parties trialled a repayment arrangement, but the tenant has been unable to meet the weekly payments. The situation is good for neither party.
__________________________________________________________________________________ 5165958 2
5. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
[NAME]
07 March 2025
__________________________________________________________________________________ 5165958 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/
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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 landlord proved the amount of rent owing by providing rent records.
- The tenant's rent was more than 21 days overdue when the application was filed.
- The tenant was unable to meet the weekly payments of a trial repayment arrangement.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated and the tenant was evicted due to unpaid rent.
What was the dispute about?
The landlord wanted to terminate the tenancy because the tenant had not paid rent for over 21 days.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant could not meet the agreed repayment arrangements.
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 tenant's inability to meet the agreed repayment arrangements was the central issue.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone who cannot meet repayment arrangements for rent arrears may face termination of their tenancy.
What evidence or documents mattered?
The landlord provided rent records proving the amount owing.