Tenancy Terminated Due to Arrears and Unsanitary Conditions
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they owed significant back rent and the rental property was in poor condition. The landlord was granted possession of the property and the tenant was ordered to pay the outstanding rent.
⚖️ Legal holding
A tenant's tenancy can be terminated if there are significant rent arrears and the premises are in a damaged and unsanitary condition.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days late, or if the tenant has caused or threatened significant damage to the property, or has 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 Tribunal terminated the tenancy due to rent arrears and unsanitary conditions.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to significant rent arrears and unsanitary conditions. The landlord provided proof of arrears and evidence of the premises' condition.
📚 Full judgment Official document
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[2025] NZTT 5248251
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] must pay [COMPANY] $1,219.18 immediately, as follows:
Description Landlord Tenant Rent arrears to 15 May 2025 $1,219.18 Total award $1,219.18 Total payable by Tenant to Landlord $1,219.18
Reasons:
1. This matter was scheduled for hearing by video conference at 9:30am today.
2. At 4.22pm yesterday the tenant phoned the Registry to advise that she would not be able to attend the hearing as she would be at college. An adjournment was requested. On being asked for verification, the tenant provided a screenshot with details of a class being conducted each Wednesday, Thursday and Friday from 9:00am to 4:00pm.
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3. I asked that the Registry advise the tenant as follows:
“Because the evidence suggests there is some urgency in this application being dealt with and the very late notice of her adjournment request, I will not adjourn the hearing to another day. I will however stand down the hearing until 4:30 today which will be after [NAME]’s class finishes and I will phone her then on [PHONE]. Please ask her to advise if I should call a different number.”
4. There was no response to that message. I attempted to contact the tenant on the number indicated at 4:30pm but the call went to voicemail. The landlord attended by teleconference.
5. In the circumstances it would be unfair to the landlord not to proceed with the hearing. The evidence shows that there are significant arrears and that the premises are in a damaged and unsanitary condition.
6. The landlord has applied for termination of the tenancy and rent arrears.
7. 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.
8. The landlord provided rent records which prove the amount owing.
9. A report from an inspection undertaken on 24 April 2025 suggests that the premises are neither inhabited nor inhabitable. The landlord’s evidence is that regular visits to the premises since then, show that is still the case.
10. That being so, immediate termination is appropriate.
B King
15 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 tenant had significant rent arrears.
- The premises were in a damaged and unsanitary condition.
- The landlord provided rent records proving the amount owing.
- Regular visits to the premises showed they remained uninhabitable.
❌ Tends to be rejected
- The tenant requested an adjournment due to attending college classes.
- The tenant did not respond to messages from the tribunal.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated the tenancy and ordered the tenant to pay rent arrears.
What was the dispute about?
The dispute was about whether the tenant's tenancy should be terminated due to significant rent arrears and unsanitary conditions.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had significant rent arrears and the premises were in a damaged and unsanitary condition.
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 argument that mattered most was the evidence showing significant rent arrears and the premises being in a damaged and unsanitary condition.
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?
Someone in a similar situation might have their tenancy terminated if they have significant rent arrears and the premises are in poor condition.
What evidence or documents mattered?
The evidence included rent records proving the amount owing and a report from an inspection showing the premises were in a damaged and unsanitary condition.