Tribunal Terminates Tenancy for $10,700 in Rent Arrears in Auckland
📌 In brief
A tenant's lease was ended by the Tenancy Tribunal because they were behind on rent payments. The tribunal ruled in favour of the landlord, who will now take over the property.
⚖️ Legal holding
A tenant's tenancy can be terminated if there are at least 21 days of rent arrears when the application is filed.
📖 Technical summary
The tenancy of a tenant was terminated due to rent arrears and possession granted to the landlord.
📜 Headnote Official document
The Tenancy Tribunal terminated a tenant's tenancy at 12C Vincent Drive, Levin due to rent arrears exceeding 21 days. The landlord was granted possession and awarded damages for unpaid rent.
📚 Full judgment Official document
OUTCOME: Allowed
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[2026] NZTT 5422600
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [RESPONDENT] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [APPELLANT] and [NAME] [APPELLANT], at 10:00am on Tuesday, 2 June 2026.
2. The [COMPANY] is to pay the bond of $1,960.00 (5117468-011) to [APPELLANT] and [NAME] [APPELLANT] immediately.
3. [RESPONDENT] must pay [APPELLANT] $8,768.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears (to 2 June) $10,700.00 Filing fee reimbursement $28.00 Total award $10,728.00 Bond $1,960.00 Total payable by Tenant to Landlord $8,768.00
Reasons:
1. The landlord attended the hearing by video.
2. The tenant did not attend. I made two calls to her mobile number during the hearing. Both went to voicemail.
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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.
5. The landlord provided rent records which prove the amount owing at the end of the tenancy.
6. As the landlord was the successful party, I have also awarded reimbursement of the Tribunal application fee.
[NAME]
02 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:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tribunal Terminates Tenancy Due to $7,448 in Rent Arrears in Auckland
- Tenancy Tribunal Tribunal Orders Tenants to Pay $1,776.57 in Rent Arrears and Filing Fees
- Tenancy Tribunal Tribunal Awards $1,508 in Rent Arrears and Rubbish Removal Costs for Auckla…
- Tenancy Tribunal Tenant Loses Tenancy Due to Absence and Rent Arrears in Auckland
- Tenancy Tribunal Tenant ordered to pay $4,377.91 in rent arrears at Southern Cross apartment…
- Tenancy Tribunal Tribunal Terminates Tenancy for Rent Arrears in Auckland
- Tenancy Tribunal Tribunal Terminates Tenancy for Unpaid Rent in Auckland
- Tenancy Tribunal Tribunal orders tenant to pay $1,483.00 in rent arrears and filing fees
- Tenancy Tribunal Tenant Granted Conditional Termination Order to Avoid Eviction in Auckland
- Tenancy Tribunal Tribunal Orders Tenant to Pay $513 for Rent Arrears in Auckland
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- Tenant agrees to pay arrears and comply with conditions set by the Tribunal.
- Tenant is required to pay rent arrears and filing fees when proven in court.
- Tenant must comply with obligations at the end of a tenancy, including payment of outstanding debts.
- Tenant's failure to pay rent for at least 21 days can lead to termination of their tenancy under the Residential Tenancies Act 1986.
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 due to rent arrears exceeding 21 days.
What was the dispute about?
The dispute was about rent arrears exceeding $10,000, leading to the termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the landlord proved that the rent arrears exceeded 21 days, as required by the Residential Tenancies Act 1986, s 55(1)(a).
Which laws or rules were applied?
The Residential Tenancies Act 1986, s 55(1)(a) was applied.
What was the argument that mattered most?
The argument that mattered most was the landlord providing proof of rent arrears exceeding 21 days.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
For someone in a similar situation, if rent arrears exceed 21 days, the tenancy can be terminated according to the Residential Tenancies Act 1986.
What evidence or documents mattered?
The rent records provided by the landlord mattered.