Rent Arrears Result in Tenancy Termination at Tenancy Tribunal
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they didn't pay their rent on time. The landlord asked for the tenancy to be terminated and was successful.
⚖️ Legal holding
A tenant must pay rent arrears or face termination of their tenancy.
📖 Technical summary
The tenancy was terminated due to rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to unpaid rent arrears. The landlord applied for termination and was granted possession of the property.
📚 Full judgment Official document
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[2025] NZTT 5220215
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 Kāinga Ora– [COMPANY], at 11.59 pm on Wednesday 4 June 2025.
2. [NAME] must pay [COMPANY] $2,084.57 immediately, for rent arrears up until 11.59 pm on Wednesday 4 June 2025.
Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenant did not answer any of the calls made at the scheduled time on the two numbers provided to the Tribunal.
2. The tenant has been served by post to his residential address.
3. Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
4. The landlord has applied for termination of the tenancy and rent arrears.
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5. 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.
C Lamdin
28 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 attended the hearing and the tenant did not answer the calls.
- The tenant was served notice of the hearing by post to his residential address.
- The tenant did not request an adjournment.
- Rent was at least 21 days in arrears when the application was filed.
❌ Tends to be rejected
- The tenant did not provide any defense or explanation during the hearing.
- The tenant did not show up to the hearing despite proper notice.
- The tenant did not pay the rent arrears before the hearing.
- The tenant did not contest the termination of the tenancy in the hearing.
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 unpaid rent arrears.
What was the dispute about?
The landlord wanted to terminate the tenancy because the tenant owed back rent.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had not paid the rent arrears and did not attend the hearing.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 54, was applied.
What was the argument that mattered most?
The landlord argued that the tenant had not paid the rent arrears and thus the tenancy should be terminated.
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?
If a tenant consistently fails to pay rent, their tenancy can be terminated by the landlord.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents used.