Tenancy Terminated Due to Rent Arrears
📌 In brief
The Tenancy Tribunal ruled that a tenant must vacate their rental a person and pay $3,956.57 in rent arrears and filing fees because they were behind on rent payments.
⚖️ Legal holding
A tenant is required to vacate the premises and pay outstanding rent when there are significant rent arrears.
📖 Technical summary
The tenancy was terminated due to rent arrears and the tenant ordered to pay $3,956.57.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to significant rent arrears and ordered the tenant to pay $3,956.57 to the landlord for outstanding rent and filing fees.
📚 Full judgment Official document
OUTCOME: Allowed
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[2026] NZTT 5473609
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
2. The tenancy of [RESPONDENT] at [Tenancy address suppressed] is terminated, and possession is granted to [[NAME]], from the end of Tuesday 5 May 2026.
3. [COMPANY] is to pay the bond of $2,400.00 ([Bond number suppressed]) to [[NAME]] immediately.
4. [RESPONDENT] must pay [[NAME]] $3,956.57 immediately, calculated as shown in the table below:
Description Landlord Rent arrears to 5/05/2026 $6,328.57 Filing fee reimbursement $28.00 Total award $6,356.57 Minus Bond $2,400.00 Total payable by Tenant to Landlord $3,956.57
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Reasons:
1. Only [[NAME]] attended the hearing which took place by MS Teams. The tenant did not join the meeting but as the matter was adjourned to today at the tenant’s request. The Tribunal attempted to call him by telephone, but the calls went unanswered.
2. The landlord has applied for termination of the tenancy, rent arrears, refund of the bond and reimbursement of the filing fee.
3. The tenant sought an opportunity to go through the rent summary and provide evidence to the Tribunal and the landlord if any payments made by him are missing from the rent summary.
4. The [NAME] manager advised that she has not received communication from the tenant since the last hearing and the rent due on Friday 1 May 2026 was not paid.
5. Rent was at least 21 days in arrears on the date the application was filed according to the rent summary provided. The rent arrears have increased since the application was filed. The landlord seeks termination, and the Tribunal must terminate the tenancy pursuant to section 55(1)(a) Residential Tenancies Act 1986. The tenancy is terminated.
How much does the tenant owe?
6. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Filing fee/Suppression
7. Because the landlord has wholly succeeded with the claim I must reimburse the filing fee and suppress the landlord details in the order as applied for. See sections 102(4) and 95A(1) Residential Tenancies Act 1986.
[NAME] 05 May 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 [NAME] 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 [NAME].
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 Tenancy Terminated Due to Rent Arrears: Tenant Ordered to Pay Over $7,000
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Filing Fees in Tenancy Dispute
- Tenancy Tribunal Tenant Fined for Using Rental Property Illegally: Tenancy Tribunal Decision
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Cleaning Costs
- Tenancy Tribunal Tenant Ordered to Pay Landlord Over $2,000 for Rent Arrears
- Tenancy Tribunal Claimant Awarded Rent Arrears by Tenancy Tribunal
- Tenancy Tribunal Tenant's Tenancy Terminated for Rent Arrears
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Filing Fee
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Rubbish Removal Costs
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 has significant rent arrears.
- Tenant vacates the property in breach of obligations.
- Tenant terminates tenancy without paying as agreed.
- Tenant is liable for damage and unlawful use during tenancy.
- Landlord entitled to unpaid rent and bond at end of tenancy if no agreement for early termination.
- Rent arrears exceed 21 days when application is filed.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated due to significant rent arrears.
Who was involved?
A tenant who owed rent and a landlord seeking termination of the lease.
How did the court decide, and why?
The Tribunal decided in favour of the landlord because the tenant had not paid rent for over 21 days and missed further payments.
Which laws or rules were applied?
Section 54 of the Residential Tenancies Act 1986 was used to terminate the tenancy due to arrears.
What was the argument that mattered most?
The landlord's evidence showing rent arrears over 21 days and increasing since filing the application.
Was the decision for or against the person who brought the case?
The decision was in favour of the landlord.
What does this mean for someone in a similar situation?
If you are behind on rent, your tenancy can be terminated and you may have to pay outstanding rent and fees.
What evidence or documents mattered?
Rent records showing arrears were crucial.
Can a decision like this be appealed?
Yes, but only if there was a substantial wrong or miscarriage of justice occurred during the hearing.
Is it worth getting a lawyer for a case like this?
It is advisable to seek legal advice from a qualified lawyer regarding your specific situation.
