Tenancy Terminated Due to Persistent Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant had ongoing rent arrears. Despite the tenant's efforts to repay the debt, the Tribunal decided that the tenant was unlikely to pay the debt on time and might cause further issues.
⚖️ Legal holding
A tenant whose rent is persistently in arrears can have their tenancy terminated.
📖 What the law says
This rule states that a landlord can ask the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the application is filed. It also allows termination if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened to assault the landlord or certain other people.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to persistent rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to persistent rent arrears, despite the tenant's previous attempts to repay the debt. The Tribunal found that the tenant was unlikely to pay the debt within a specified period and was likely to commit further breaches.
📚 Full judgment Official document
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[2026] NZTT 5489519
TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] ([NAME]) at [ADDRESS], [POSTCODE] is terminated, and possession is granted to Kāinga Ora– Homes And Communities, at 11:59pm on Tuesday, 30 June 2026.
2. The Bond Centre is to pay the bond of $266.00 (3601321-008) to Kāinga Ora– Homes And Communities immediately.
3. [NAME] ([NAME]) must pay [COMPANY] $890.00 immediately, calculated as shown in the table below:
Description Landlord Rent arrears and rent to 30 June 2026 $1,156.00 Total award $1,156.00 Bond $266.00 Total payable by Tenant to Landlord $890.00
Reasons:
1. Both parties attended the hearing by video.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
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3. Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
4. Rent was at least 21 days in arrears on the date the application was filed. The tenant wants to repay the debt to avoid immediate termination. The Landlord opposes a conditional termination order being made. So, I must consider whether I can be satisfied that the tenant will pay the debt within a period specified in the order and is unlikely to commit any further relevant breach. Section 55(1A) Residential Tenancies Act.
5. This a long tenancy. It started in 2015. The landlord provided evidence of rent accrual and payments throughout the entire tenancy. The rent has been in arrears more often than not since the tenancy started. The landlord forgave $18,056.00 of rent debt in 2025. The Tribunal has made a conditional termination order in respect of this tenancy which the tenant did not comply with. However, the landlord did not enforce the order within the 90-day period, so it lapsed. See section 64(4)(b) Residential Tenancies Act 1986.
6. While the rent summary shows that the tenant has made efforts to bring the arrears down, it also demonstrates inconsistency and periods of non-payment. The tenant’s proposal for repayment of the arrears is $5.00 per week. That would take approximately 4 years. The lack of consistency in the rent summary means that I cannot be reasonably satisfied that the tenant will pay the debt within a period specified in the order and nor can I be satisfied that she is unlikely to commit any further relevant breach. So, I must terminate the tenancy.
7. The landlord suggested a termination date of 23 June. I have allowed the tenant to 30 June 2026, as she requested. The landlord provided a rent summary showing that $970 to today, the tenant will be required to pay for the 2 weeks to 30 June, that is a total rent owing of $1,156.00.
[NAME]
17 June 2026
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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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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 rent was at least 21 days in arrears when the application was filed.
- The landlord provided evidence of persistent rent arrears throughout the tenancy.
- The tenant’s proposal for repayment was too slow and inconsistent.
❌ Tends to be rejected
- The tenant attempted to show they were making efforts to reduce the arrears.
- The tenant proposed to pay $5.00 per week towards the arrears.
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 due to persistent rent arrears.
What was the dispute about?
The dispute was about whether the tenant's tenancy should continue given the persistent rent arrears.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had not consistently paid rent and was unlikely to pay the debt within a specified period.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(a) and 55(1A) were applied.
What was the argument that mattered most?
The most important argument was that the tenant had persistent rent arrears and was unlikely to pay the debt on time.
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 tenants with persistent rent arrears, their tenancy could be terminated if they fail to pay the debt on time.
What evidence or documents mattered?
Evidence of rent accrual and payments over the tenancy period was crucial.