Tenancy Terminated Due to Persistent Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because they failed to pay their rent arrears despite receiving multiple notices from the landlord. The tenant was also ordered to pay the landlord $1,699.00 immediately.
⚖️ Legal holding
A tenant's failure to remedy rent arrears within the required notice period allows the landlord to terminate the tenancy.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a landlord's notice to end a tenancy if the tenant believes the landlord gave the notice because the tenant complained or used their rights as a tenant. The tenant must apply to the Tribunal within 14 working days of receiving the notice.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears and the landlord's compliance with the required notice period.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to persistent rent arrears and the landlord's compliance with the required notice period. The Tribunal also ordered the tenant to pay the landlord $1,699.00 immediately.
📚 Full judgment Official document
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[2026] NZTT 5478789
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The applicants name and details are suppressed.
2. Mediators order 5403818 is superseded and no longer enforceable.
3. The tenancy of [NAME] and [NAME] at Unit/Flat [ADDRESS], [POSTCODE] is terminated, and possession is granted to [The landlord/s], at 11:59 pm on Tuesday 23 June 2026.
4. [NAME] and [NAME] must pay [The landlord/s] $1,699.00 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 23/06/2026 $1,671.00 Filing fee reimbursement $28.00 Filing Fee for application number 5403818 $28.00 Total award $1,727.00 Total payable by Tenant to Landlord $1,727.00
Reasons:
1. The applicant attended the hearing the respondent did not.
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2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
3. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
4. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
5. The landlord served a 14-day notice on the tenant on the 17th of November 2025 asking the tenant to pay their rent arrears. The records show that in the ensuing period the rent has been in arrears except for one period on the 2nd of June 2026. Since that time there has been 3 missed rent payments.
6. The applicant has also showed that they engaged in mediation with the respondent and issued numerous communications to resolve the issue to no avail. As such would be inequitable to refuse to terminate the tenancy.
7. I have superseded the previous order to avoid duplication in enforcement and to provide clarity to the parties about the exact amounts owing.
8. Because the applicant has succeeded in their application, I have awarded the filing fee and granted their application for suppression
H Ben Fayed 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 landlord served a 14-day notice to the tenant asking them to pay rent arrears.
- The tenant failed to pay the rent arrears within the required notice period.
- The landlord provided evidence of multiple missed rent payments after the notice period.
- The landlord engaged in mediation and issued communications to resolve the issue without success.
❌ Tends to be rejected
- The tenant did not attend the hearing to present their side of the story.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided to terminate the tenancy of the tenant due to persistent rent arrears and ordered the tenant to pay the landlord $1,699.00 immediately.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears despite receiving multiple notices from the landlord.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant failed to remedy the rent arrears within the required notice period, making it inequitable to refuse termination.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 54, was applied.
What was the argument that mattered most?
The most important argument was that the tenant had received a 14-day notice to remedy the rent arrears but failed to do so.
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 someone in a similar situation, it means that if they fail to remedy rent arrears within the required notice period, their tenancy could be terminated.
What evidence or documents mattered?
The evidence included the 14-day notice issued by the landlord and records showing the tenant's failure to pay rent arrears.