Tenancy Terminated Due to Rent Arrears
📌 In brief
The Tenancy Tribunal terminated a tenant's lease due to unpaid rent and failure to attend the scheduled hearing. This decision highlights the importance of timely payment of rent and attending hearings as required by law.
⚖️ Legal holding
A tenant's failure to pay rent for at least 21 days can lead to termination of their tenancy under the Residential Tenancies Act 1986.
📖 Technical summary
The tenancy was terminated due to rent arrears and the tenant failed to attend the hearing.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the respondent due to rent arrears and non-attendance at the hearing. The claimant, as landlord, successfully applied for termination under section 54(1)(a) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
OUTCOME: Allowed
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[2026] NZTT 5473867
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] As Agent For [COUNSEL[NAME], at 5pm Friday 29 May 2026.
2. The [COMPANY] is to pay the bond of $1,940.00 (BN-00163979) to [APPELLANT[COMPANY] As Agent For [COUNSEL[NAME] immediately.
3. [RESPONDENT] must pay [APPELLANT[COMPANY] As Agent For [COUNSEL] $4,453.66 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears up to and including 29 May 2926 $6,365.66 Filing fee reimbursement $28.00 Total award $6,393.66 Bond $1,940.00 Total payable by Tenant to Landlord $4,453.66
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Reasons:
1. The tenant failed to make themselves available for the hearing.
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 tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
4. The landlord provided rent records which prove the amount owing at the end of the tenancy.
5. [APPELLANT] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
29 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 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 Rubbish Removal Costs
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Filing Fee
- Tenancy Tribunal Tenant's Tenancy Terminated for Rent Arrears
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Filing Fee
- Tenancy Tribunal Tenant Ordered to Pay $4,377.91 in Rent Arrears and Costs
- Tenancy Tribunal Tenant's Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Conditional Termination Order Allows Tenant to Stay
- Tenancy Tribunal Tenant's Non-Payment Leads to Tenancy Termination
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
- A tenant is entitled to a conditional termination order where they agree to pay arrears and comply with conditions set by the Tribunal.
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 because the tenant failed to pay rent for at least 21 days.
Who was involved?
The claimant, acting as a landlord through an agent, and the respondent, who is the tenant.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant failed to pay rent for at least 21 days and did not attend the hearing.
Which laws or rules were applied?
Section 54(1)(a) of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The landlord's proof of rent arrears and the tenant's failure to attend the hearing were crucial.
Was the decision for or against the person who brought the case?
It was in favour of the landlord.
What does this mean for someone in a similar situation?
If you are a landlord, it means that you can terminate a tenancy if rent is at least 21 days overdue and the tenant does not attend the hearing.
What evidence or documents mattered?
Rent records showing arrears were important.
Can a decision like this be appealed?
Yes, both parties can appeal within 10 working days using an Appeal to the District Court form.
Is it worth getting a lawyer for a case like this?
It is recommended to seek legal advice from a qualified lawyer for specific guidance.