Tenancy Terminated Due to Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they were behind on rent by more than 21 days. The tribunal granted possession to the landlord and ordered the tenant to pay overdue rent and fees.
⚖️ Legal holding
A tenant's tenancy can be terminated if the rent is more than 21 days in arrears at the time of application.
📖 Technical summary
The tenancy was terminated due to rent arrears exceeding 21 days.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy due to rent arrears exceeding 21 days at the time of application, granting possession and ordering payment of outstanding amounts. The landlord provided evidence proving the amount owing.
📚 Full judgment Official document
OUTCOME: Allowed
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[2026] NZTT 5472217
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] [COMPANY], at 12 midday on Tuesday 2 June 2026.
2. The [COMPANY] is to pay the bond of $488.00 (3490832-007) to [APPELLANT] [COMPANY] immediately.
3. [RESPONDENT] must pay [APPELLANT] $1,544.71 immediately, calculated as shown in the table below:
Description Landlord Rent arrears to 1 June 2026 $2,004.71 Filing fee reimbursement $28.00 Total award $2,032.71 Minus Bond $488.00 Total payable by Tenant to Landlord $1,544.71
Reasons:
1. Only the applicant attended the hearing which took place by videoconference today.
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2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
3. Rent was at least 21 days in arrears on the date the application was filed. The rent arrears have increased to over $2000.00. The landlord advised that the tenant is not living at the premises and has not communicated with them about the rent arrears.
4. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986 which states that the Tribunal shall make an order terminating the tenancy if the rent is more than 21 days in arrears at the time of application.
5. The landlord provided rent records which prove the amount owing at the date of application and at the end of the tenancy.
6. [APPELLANT] has wholly succeeded with the claim I must reimburse the filing 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 Tenant Ordered to Pay Rent Arrears and Repair Costs
- Tenancy Tribunal Tenant Successfully Claims Bond Refund from Landlord
- Tenancy Tribunal Tenant Ordered to Pay Landlord $839.79 for Rent Arrears and Costs
- Tenancy Tribunal Tenant Ordered to Repay Rent Arrears to Avoid Eviction
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Compensation for End-of-Lease Obligat…
- Tenancy Tribunal Tenancy Tribunal Allows Landlord to Recover Rent and End Tenancy
- Tenancy Tribunal Tenancy Terminated: Tenant Ordered to Pay Rent Arrears
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Return Bond
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 pays outstanding rent and returns the bond without disputes over damages.
- Landlord entitled to terminate tenancy and recover arrears when tenant stops paying rent and abandons property.
- Tenant must pay rent on time or risk lease termination under Residential Tenancies Act 1986.
- Tenant is required to leave premises clean, tidy, and secure upon termination of tenancy.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It decided that the tenancy was terminated due to unpaid rent exceeding 21 days.
Who was involved?
The claimant (landlord) and the respondent (tenant).
How did the court decide, and why?
The tribunal granted possession to the landlord because the tenant owed more than 21 days of rent at the time of application.
Which laws or rules were applied?
Residential Tenancies Act 1986, section 54.
What was the argument that mattered most?
The landlord provided evidence showing the tenant's rent arrears exceeded 21 days.
Was the decision for or against the person who brought the case?
It was in favour of the claimant (landlord).
What does this mean for someone in a similar situation?
If you are behind on rent by more than 21 days, your landlord can terminate your tenancy.
What evidence or documents mattered?
Rent records showing arrears exceeding 21 days were crucial.
Can a decision like this be appealed?
Yes, both parties have the right to appeal within 10 working days.
Is it worth getting a lawyer for a case like this?
It is advisable to seek legal advice from a qualified lawyer.