Rent Arrears Result in Tenancy Termination and Financial Penalty
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they didn't pay their rent on time. The tenant now owes the landlord over $11,000.
⚖️ Legal holding
A tenant must pay rent arrears to avoid termination of the tenancy.
📖 What the law says
This rule says that a Tenancy Tribunal must end a tenancy if the landlord applies and the rent was at least 21 days late when the application was made. It also allows termination if the tenant caused or threatened serious damage to the property, or assaulted or threatened the landlord or their family/agent/other occupiers.
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 and ordered the tenant to pay the landlord $11,397.00 immediately.
📚 Full judgment Official document
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[2025] NZTT 5184031
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] immediately.
2. [NAME] is to pay [COMPANY] $11,397.00 immediately, being rent arrears to 13 May 2025, and the Landlord’s application filing fee.
3. [COMPANY] to pay [COMPANY] $2,720.00 (the full bond) immediately.
Reasons:
1. The Landlord attended the hearing.
2. [NAME] attended the hearing and asked that his co-tenant be removed from the tenancy and this proceeding. The Landlord agreed to this request.
3. The Landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
4. 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.
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5. The landlord provided rent records which prove the amount owing at the end of the tenancy.
6. The Landlord has wholly succeeded in its claim. I reimburse the Landlord’s application filing fee.
[NAME]
14 May 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 landlord provided proof of rent arrears through rent records.
- The tenant did not dispute the amount of rent owed.
- The tenant requested to remove their co-tenant from the tenancy, which was unrelated to the rent arrears issue.
- The landlord's application for termination of the tenancy was successful due to the outstanding rent arrears.
❌ Tends to be rejected
- The tenant did not provide any counter-evidence or arguments regarding the rent arrears.
- The tenant did not offer a payment plan or proposal to address the rent arrears.
- The tenant did not challenge the termination of the tenancy based on the rent arrears.
- The tenant did not contest the amount of the landlord's application filing fee.
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 ordered to pay rent arrears.
What was the dispute about?
The dispute was about unpaid rent leading to termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant failed to pay rent on time, as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 55(1)(a) was applied.
What was the argument that mattered most?
The most important argument was that the tenant had not paid rent for at least 21 days prior to the application being filed.
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 fails to pay rent on time could have their tenancy terminated and be ordered to pay outstanding rent.
What evidence or documents mattered?
The landlord provided rent records proving the amount of rent arrears.