Tenancy Terminated Due to Rent Arrears

OUTCOME: Allowed

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[2026] NZTT 5461429

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [Tenancy address suppressed]

ORDER

1. The tenancy of [RESPONDENT] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59pm on Monday 8 June 2026.

2. [COMPANY] is to pay the bond of $2,080.00 ([Bond number suppressed]) to [The landlord/s] immediately.

3. [RESPONDENT] must pay [The landlord/s] $5,396.00 immediately, calculated as shown in the table below:

Description Landlord Tenant Rent arrears (to 2 June 2026) $7,448.00 Filing fee reimbursement $28.00 Total award $7,476.00 Bond $2,080.00 Total payable by Tenant to Landlord $5,396.00

Reasons:

1. On 10 March 2026, the landlord filed an application seeking termination of the tenancy for rent arrears.

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2. The hearing proceeded by way of video conference. [Representative] appeared on behalf of the landlord. The tenant failed to appear. The Tribunal was satisfied the tenant was properly served with the notice of hearing and the case proceeded in their absence.

Should the tenancy be terminated?

3. Under section 55(1) of the Residential Tenancies Act 1986, the Tribunal must, subject to subsection 55(2) terminate the tenancy, if at the time the application was filed, the rent was at least 21 days in arrears.

4. The application was filed on 10 March 2026. At that time, the tenant’s rent arrears totalled $4,724.00. Rent was at least 21 days in arrears, and the tenancy is terminated.

5. The landlord seeks possession of the property on Monday 8 June 2026.

6. Having heard from the landlord the Tribunal considers that it is appropriate to grant the landlord possession of the property at 11:59pm on Monday 8 June 2026. This will give the tenant an opportunity to vacate the property and return it to the landlord is a reasonably clean and tidy condition, without significantly increasing the rent debt.

Other matters

7. The bond is refunded to the landlord in full.

8. Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

9. Under section 95A of the Act a party who has been either wholly or substantially successful is entitled to name suppression unless the Tribunal finds that there are reasons relating to the conduct of the party not to do so.

10. The landlord has been wholly successful and is granted name suppression.

[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: